Question: 1. Why does the court conclude that this noncompete agreement is unenforceable? What terms in the agreement would need to be redrafted in order to

1. Why does the court conclude that this noncompete agreement is unenforceable? What terms in the agreement would need to be redrafted in order to make the agreement enforceable?
2. Why does court decline to exercise the “blue pencil rule” to salvage this agreement?
3. What information did Del Monte claim were trade secrets? Why did the court conclude there were no protectable trade secrets here?

Del Monte Fresh Produce N.A., Inc., alleges its former employee Kim Kinnavy breached her confidentiality and non-compete agreement when she left Del Monte to work for Chiquita Brands International. * * * Kinnavy den[ies] the allegations and move[s] for summary judgment .. * * *

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1 The noncompete is too broad in terms of restrictions on activities eg it would ban Kinnavy from even acting as a cashier in a Piggly Wiggly that bou... View full answer

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