> Like going to work for McDonalds R&D after leaving Burger King as the VP of product design.
Don't rightly see why there would be any issue with that. If you bring McD IP to BK, then that's an IP theft issue.
> I once worked for a major bank and someone who left another major bank held a meeting with developers of a next-gen platform where he basically explained, in explicit detail, his old employer's entire platform. I would argue a non-compete would be 100% enforceable here.
And I would argue a non-compete should be 100% non-enforceable here. "I learned shit on my previous job" doesn't mean you should not be able to work in the field anymore.
At what point does an explanation like this turn into "here's an inside look at exactly how their platform outcompetes you in area X"? Where does one draw the line?
> Where does one draw the line?
Re:The case for banning non-competes
by nobody_at_all on Friday July 16, 2021 @10:32PM
(#27863175)
If a company doesn't know exactly why and where their competitors are better then them, they are not long for this world.
Re:The case for banning non-competes
by vineyardmike on Friday July 16, 2021 @01:23PM
(#27858677)
> I once worked for a major bank and someone who left another major bank held a meeting with developers of a next-gen platform where he basically explained, in explicit detail, his old employer's entire platform. I would argue a non-compete would be 100% enforceable here.
This is what non-disclosure agreements are for. A non-compete would basically have prevented him from getting this new job.
My anecdotal experience:
I once worked for a major bank and someone who left another major bank held a meeting with developers of a next-gen platform where he basically explained, in explicit detail, his old employer's entire platform. I would argue a non-compete would be 100% enforceable here.
Another time, I was threatened to not use any IP from a startup I helped start. I specifically asked early on for an agreement to share the rights to my code. On my last day this agreement was terminated and the non-compete took precedence. Consulting with several lawyers (not in california) told me that it would be an uphill battle for the business to win against me as the optics of a large corp suing an individual doesn't bode well for the plantiff. Unless you started a multi-million dollar revenue generating project, which in that case I was advised to settle as a peace offering.