Author: Eva Schueller

Employment
Developments in Employee Mobility: California vs. Delaware
Eva Schueller
California continues to narrow the permissible uses of non-compete agreements and similar so-called “restraints on trade,” while Delaware has upheld contractual restraints negotiated between sophisticated parties such as forfeiture and clawback provisions. Businesses with operations or employees in California should review their obligations and choice of law options if they have entered into any such agreements.
Arbitration
Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River
Eva Schueller
In last summer’s Viking River decision, the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) partly preempts the California rule that had prohibited the compelled arbitration of claims under the state’s Private Attorney General Act (“PAGA”).