OA75: Opening Arguments Über Alles (Understanding Non-Compete Clauses)

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.3 • 3.7K Ratings

🗓️ 6 June 2017

⏱️ 65 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In this freewheeling episode, Andrew walks through a recent decision in California regarding a key employee who worked on self-driving cars and was recruited by a competitor. First, however, the guys talk about Episode #73's discussion with Travis Wester and what lessons hopefully we all can take away from it, including answering a listener question from Lyman Smith on how to go about finding primary sources. Next, the guys discuss "Mr. Met" and the doctrines of factual and legal impossibility. Can a four-fingered mascot really give anyone the "middle" finger?? In the main segment, Andrew breaks down the recent federal court opinion in California enjoining a former Waymo employee from working on Uber's self-driving car program, and along the way highlights the differences between non-compete clauses, non-solicitation clauses, and trade secrets. After that, Andrew tells a fun story in answering a listener question from Michael Grace regarding the craziest legal argument Andrew's ever heard. Finally, we end with the answer to Thomas Takes the Bar Exam question #26 about composite sketches inspired by dead witnesses. We'll release a new #TTTBE question this Friday, and, as always, answer that question the following Tuesday. Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s), and don't forget that patrons who support us at any level get early access to the answers (and usually a fun post analyzing the question in more detail). Recent Appearances: None! Have us on your show! Show Notes & Links

Here's the Tweet from Darren Rovell that inspired our "A" segment.
..and here's the link to the Wikipedia entry on the Impossibility defense, as a good exercise in finding primary sources.
This is the New York Times article about the Waymo lawsuit; and the actual lawsuit can be found here.
Finally, you can revisit our lengthy discussion with Travis Wester in Episode #73 by clicking here.

Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at openarguments@gmail.com

Transcript

Click on a timestamp to play from that location

0:00.0	Ladies and gentlemen of the jury, I'm just a caveman.
0:19.8	Due to habeas corpus, you and Miss Bonifante had a common law marriage.
0:31.0	So you don't work on a contingency basis.
0:33.0	No, money down. Oops, shouldn't have this bar association logo here either.
0:45.0	Would you please point at that robot over there?
0:51.0	No further questions?
0:55.0	Welcome to opening arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.
1:00.0	This podcast is sponsored by the law offices of P. Antitoura as LLC for entertainment purposes.
1:05.0	It's not intended as legal advice, it does not form an attorney-client relationship.
1:09.0	Don't take legal advice from a podcast.
1:18.0	Hello and welcome to opening arguments. This is episode number 75 and holy moly, I just realized that means next episode I will need a new intro.
1:28.0	Wow, okay, so that's how I'm feeling right now.
1:31.0	Cut off guard because I'm supposed to change it every 25 I think.
1:34.0	How are you feeling Andrew?
1:36.0	I am feeling great because I am lobbying to include I have nothing but contempt for this court in our intro.
1:44.0	So we will by the time, well after this drops, I guess it will be it will be next Friday's up to the minute responsive episode that will have the new intro.
1:55.0	So you can find out if Thomas listens to me or not.
1:58.0	Well, yeah, yeah, I was going to say I'll consider your proposal and you will see.
2:02.0	Put up a thread on for our patrons on patreon.com slash law where if you have great suggestions.
2:10.0	I was going to say let me talk about that because I have to insist on this.
2:14.0	If you want your suggestion for the intro to be considered, you need to give me a link with the audio or video.
2:20.0	I can grab the audio from that. That's fine.
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Opening Arguments Media LLC, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Opening Arguments Media LLC and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.