February 2022 Newsletter

Welcome to the first edition of suasponte, a monthly newsletter I am starting to share legal updates, practice tips, productivity hacks and interesting articles, books, and podcasts. Through my newsletter, I will share with you how I work and things that are of interest to me. I hope you find suasponte valuable. I would love to hear from you. Thank you.

#Legal Update

Non-Compete Clauses are Not Strictly Void in B2B Agreements

The California Supreme Court ruled recently that Business & Professions Code § 16600 does not mean what it says: “[absent an express exception], every contract by which a business is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void.” At least not in the business context.

In Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, the Supreme Court held that contractual restraints on business operations are not void but subject to a reasonableness standard (a rule of reason) under section 16600. However, not that long ago, the Supreme Court held that “[s]ection 16600 is unambiguous, and if the Legislature intended the statute to apply only to restraints that were unreasonable or overbroad, it could have included language to that effect.” Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937. Wait, what?

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#PRACTICE TIP

The Value of an Exhibit Key

I use exhibit keys for depositions, arbitrations and trials. I categorize exhibits by reference to their number, date, description, and subject matter or case issue.

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#PRODUCTIVITY HACK

I recently discovered TextExpander. It allows you to create shortcuts and abbreviations (called snippets) to speed up everything your type.

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#WORTH YOUR TIME

I just finished reading “Atomic Habits,” by James Clear (Random House 2018). This book shows how small (atomic) habits compound over time for or against you. Instead of focusing on goals, you should focus on...

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#WHAT I’M LISTENING TO NOW

The podcast, The Dropout, is a terrific and entertaining account of Elizabeth Holmes and Theranos. Recent episodes followed the government’s fraud trial against her that began in federal court in San Jose on September 8 and ended with the jury's mixed verdict on January 3.