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Beecher Carlson Holdings, Inc. v. Degrange

United States District Court, Ninth Circuit

October 24, 2013

BEECHER CARLSON HOLDINGS, INC. Plaintiff,
v.
DAN DEGRANGE & WILLIAM P. MOONEY, Defendants.

OPINION

MICHAEL W. MOSMAN, District Judge.

All parties have relied on all or part of the post-2008 version of Or. Rev. Stat. § 653.295. The court has determined that the applicable version of this statute predates the 2008 amendments enacted in Or. Laws 2007, c. 902 § 902, eff. Jan. 1, 2008. Messrs. Mooney and DeGrange entered into the employment agreements at issue in this case in 2005 and 2006, respectively.

The applicable version of Or. Rev. Stat. § 653.295 reads as follows:

(1) A noncompetition agreement entered into between an employer and employee is void and may not be enforced by any court in this state unless the agreement is entered into upon the:
(a) Initial employment of the employee with the employer; or
(b) Subsequent bona fide advancement of the employee with the employer.
(2) Subsection (1) of this section applies only to noncompetition agreements made in the context of an employment relationship or contract and not otherwise.
(3)
(a) Subsection (1)(a) of this section applies only to noncompetition agreements entered into after July 22, 1977.
(b) Subsection (1)(b), subsections (4) and (5) and subsection (6)(a) of this section apply to employment relationships and bonus restriction agreements in effect or entered into after October 15, 1983.
(4) Subsection (1) of this section does not apply to bonus restriction agreements, which are lawful agreements that may be enforced by the courts in this state.
(5) Nothing in this section restricts the right of any person to protect trade secrets or other proprietary information by injunction or any other lawful means under other applicable laws.
(6) As used in this ...

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