Healthy Rivalries Part 2: Choice of Law Provisions in NonCompete and Anti-Solicitation Agreements
I had good responses to my previous post about noncompetes, some of which asked me to fill in the blank I intentionally left: What happens when there's a "choice of law" provision in the noncompete or anti-solicitation agreement? Will the agreement be enforced?
This gets very complicated, so it's best to start off with an understanding of what a "choice of law" provision is.
Every state has its own set of laws. The laws of one state may be quite different from the laws of