Courts have recently shown a willingness to award significant damages in high profile non-compete cases, including upholding liquidated damages clauses that impose high level penalties for breach. For example, the Shanghai No. 1 People’s Court reportedly ordered an R&D employee to pay RMB19.4 million to his former employer for breaching his post-termination non-compete obligations. Other courts upheld liquidated damages of approximately 10 times the amount of the non-compete compensation received by the employees from their prior employers.
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Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at danian.zhang@bakermckenzie.com
