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- Evidence must be properly evaluated, or else it's worthless
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Remember Loverock: evidence must be evaluated according to the laws of the State assuming jurisdiction of a case. Your understanding of this dictum seems very weak. One cannot be said to agree to a contract that is on its face illegal. Such a contract can be ruled invalid and therefore non-binding.
If a contract's jurisdiction is moved from an employer-friendly State to an employee-friendly State, then there's a good chance that certain terms will be found illegal and render the contract non-binding. That's the essence of Google's strategem: assume California has jurisdiction and that the contract is then illegal under California law, since California is particularly critical of non-compete agreements and what the terms they can contain. In California, Google's chances are 60/40 to winning because the law favours Lee.
Your certainty in your assertion should that the contract will hold up in court should therefore be substantially reduced as well as your assertion of whose butt will be kicked. The evidence must be evaluated under the relevant State law otherwise any conclusion is just your personal opion.
Actual mileage may vary. Personally I'll bicycle on this case. I don't know the result and I have not yet ascertained why I should care. However, I do care when people assume that a contract is valid and enforceable once signed. Such is a dangerous assumption, since it flies in the face of the law in some locales. - Posted by: John Le'Brecage Posted on: 09/07/05 You are currently: a Guest | Members login | Terms of Use
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