News and Information

Are Non-Compete Agreements Dead in Hawaii?

Riddle me this: When is a non-compete agreement not a non-compete agreement? When its sole existence is to restrict competition. 

In February 2022, the Hawaii Supreme Court ruled that a non-compete is unenforceable if its only purpose is to prevent competition. To be enforceable, the agreement must be necessary to protect legitimate business interests (for example, trade secrets, confidential information, or special customer relationships). What does this mean for business owners across all industries* who up to now have relied on non-competes to help protect their book of business?

ES&A Director and Attorney Bryan Andaya will present a webinar on the impact of the Court’s ruling on business owners and what to do going forward, including:

• Reviewing non-compete as well as confidentiality and non-solicitation provisions in employee agreements
• Establishing systems and processes to safeguard confidential information
• Monitoring communications of a departing employee with other staff and customers, to the extent permitted by law

Join us on:

• April 27, 11am-12noon (live) or
• May 5, 11am-12noon (prerecorded)

$50.00. Register on Eventbrite: https://noncompetesinhawaii.eventbrite.com

*Note that in Hawaii, HRS Section 480-4 bans non-compete and non-solicitation clauses in the technology industry.

This webinar is provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult an attorney if you have specific legal issues.