Eggum, Susan K.
Lane Powell Shareholder Susan K. Eggum authored an article in Oregon Business magazine’s September 2014 issue titled “The California Myth About Non-Compete Agreements.” Eggum discussed enforcement of non-compete agreements against key executives or managers who defect to a competitor and relocate their residence in states that make non-competes void. The doctrine of a protectable interest is frequently set out on the face of a state’s statute or, if not, may be found in the state’s decisional law. Employers have a protectable interest in trade secrets. The effective prosecution or defense of a non-compete in a temporary restraining order or preliminary injunction action will often involve first party and third party claims for misappropriation of trade secrets. Though not always, proving or disproving the existence, and misuse, of a trade secret bolsters the ability to prove or disprove a protectable interest. Eggum discussed the enforceability of an Oregon non-compete agreement when an employee takes a position in California, which voids non-compete agreements as a matter of public policy.