Advanced Bionics Corp. v. Medtronic, Inc.: California Rejoins the Union

October 21, 2003

Reprinted with permission from The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California.  October 2003.

In its unanimous opinion in Advanced Bionics Corp. v. Medtronic, Inc, the California Supreme Court put a halt to the expanding reach of California's "public policy" against noncompete agreements. Justice Brown captured the essence of the conflict created by California's refusal to enforce other state's contracts when she wrote "[we] are not a political safe zone vis-a-vis our sister states such that the mere act of setting foot on California somehow releases a person from the legal duties our sister states recognize."

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