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Start-Up Companies and Venture Capital

Oxford Global Resources LLC v. Jeremy Hernandez

480 Mass. 462 (2018)

In recent years, companies in California have attempted to use choice of law and choice of forum provisions in employment contracts get backdoor non-compete agreements enforced by state courts in jurisdictions that permit enforcement non-competition agreements. This effort has generally be unsuccessful. In the case the follows, the Mass SJC refuses to enforce a non-compete in an employment contract, governed by MA law, but where the parties are both located in California.