Insights

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

San Francisco – February 23, 2022: Christopher J. Banks joins Crowell & Moring’s San Francisco office as a partner in its Litigation and Labor & Employment groups, bringing more than two decades of experience litigating commercial and labor and employment matters, including employee mobility and trade secret misappropriation disputes. Banks is a trial lawyer who helps companies--from startups to the Fortune 500--solve problems concerning founders’ disputes and “business divorces,” contract disputes, trade secret misappropriation and unfair competition, employee departures, wage and hour claims, Private Attorney General Act (PAGA) lawsuits, and other commercial and labor and employment matters. He also advises clients and litigates in matters involving intellectual property rights, technology licensing and development arrangements, and breach of fiduciary duty and other business torts.

Under a new law passed last year in California, employers in the state are not only barred from including noncompete provisions in their employment agreements, but were also required to give written notice to certain employees by February 14, 2024 that any noncompete provisions in their existing employment agreements are void. 

On January 18, 2024 in Estrada v. Royalty Carpet Mills, Inc. (Cal., Jan. 18, 2024, No. S274340) 2024 WL 188863, the California Supreme Court resolved a split in authority among the California Courts of Appeal regarding whether or not trial courts have the inherent authority to dismiss Private Attorneys General Act (“PAGA”) claims due to unmanageability. The Supreme Court held that trial courts do not have this authority, and instead must address manageability concerns by using the variety of “tools” at their disposal, such as placing limitations on testimony and types of evidence and using representative testimony and surveys.

Governor Hochul vetoed a bill passed by the New York State legislature that would have effectively banned all non-compete agreements.  In her December 26, 2023 veto message, Governor Hochul cited New York’s “highly competitive economic climate” and the “legitimate interests” of companies to “retain highly compensated talent,” while stating that she has “long supported limits on non-compete agreements for middle-class and low-wage workers.” The Governor observed as well that she had “proposed banning non-compete agreements for anyone making below the median wage in New York” in her first Executive Budget. Governor Hochul stated that she remains open to “future legislation that achieves the right balance.”

Employment law in California is constantly evolving, and 2022 was no different. Please join us on Thursday, January 19, 2023 for a complimentary one-hour webinar addressing several of the most important changes in California employment law from 2022.