When I sit with a prospective client and give them a legal opinion, I have to admit the sad truth of the practice of law: No matter what the law says, some judges cannot be trusted to follow it. For all we hear about activist judges, my experience that “inactivist judges” are just as much a problem.
South Carolina courts have upheld covenants not to solicit employees by a former employee but only to the extent that such solicitations interfere with contractual relations. This rule makes much more sense than those applied to solicitation of customers.
So, what happens when the state identified in a non-compete’s choice of law is different than the state in which…