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| p.2 #1 · This again (non-compete) |
As a matter of judicial policy, non-competes are difficult to enforce in CA (though not impossible). Not so true on the East Coast (NY or MA).
Post-term noncompetes are void by statute in CA (Bus. Prof C. § 16600). They can be enforced in limited ways through the use of NDAs and trade secret restrictions, or occasionally through creative venue and jurisdiction clauses in contracts.
NY recognizes "reasonable" noncompetes that aren't too restrictive. For most states, "reasonable" means proper limitations on the time and geographic restrictions. I don't practice in NY, but I expect the 2-year term and 8-mile restriction were chosen to comply with the law.