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Aaron is a seasoned litigator with more than seven years of experience representing clients in state and federal court actions, arbitrations, and administrative proceedings. His practice focuses on defending businesses from retaliation, discrimination, harassment, and wage and hour claims (including class and representative actions). In addition to substantive areas of employment law, Aaron specializes in navigating complex procedural issues in state, federal, and administrative forums. He also routinely advises clients on key aspects of the litigation process, including critical decisions to remove state actions to federal court, compel binding arbitration, or pursue nonbinding alternative dispute resolution.

Q: What types of damages are available when a former employee breaches a restrictive covenant barring solicitation of his or her former employer’s customers?

A: While parties often focus on the possibility to enjoin a former employee from soliciting a company’s customers, it is possible to recoup lost profits as well, particularly where they are significant. For example, a Massachusetts federal court found a sales representative liable for over $1.6 million in damages for breaching a nonsolicitation clause that prohibited him from procuring business from his former employer’s customers.

Continue Reading Court Awards Employer Over $1 Million for Former Employee’s Breach of Nonsolicitation Clause

Q: Are California courts concerned about the manageability of actions under the Private Attorneys General Act (PAGA)?

A: Yes, on September 9, the California Court of Appeal agreed that a PAGA action was unmanageable, and it affirmed an order granting the employer’s motion to strike and dismiss the PAGA claim. In Wesson v. Staples the Office Superstore, LLC, the court held that trial courts have the inherent authority to ensure PAGA claims will be tried fairly and efficiently. The court ruled that this authority includes the ability to strike a PAGA claim “that cannot be rendered manageable.”
Continue Reading California Court of Appeal Affirms Order Striking Unmanageable PAGA Claim