Confidentiality, Non-Compete Agreements Unenforceable against Former Employee, Arizona Court Holds

Striking four restrictive covenants in an employment agreement as overbroad, the Arizona Court of Appeals affirmed the dismissal of a breach of contract claim against the president of a public relations firm who set up a business competing with her former employer. Orca Communications Unlimited, LLC v. Noder, No. 12-0183 (Ariz. Ct. App. Oct. 17, 2013). However, the Court allowed claims for breach of the covenant of good faith and fair dealing, breach of the duty of loyalty, tortious interference, and unfair competition to proceed, finding they were not preempted by the Arizona Uniform Trade Secrets Act.