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In Hawaii non-compete agreements can still be enforced in the sale of businesses. Lawyers often question whether various non-competition provisions are still enforceable in Hawaii.
Working for a competitor company or competing individual. Starting a company that offers the same products or services. Developing competing products or providing competing services. Recruiting former colleagues to join their new business, although this can also be done through a non-solicitation agreement.
compete clause is a contractual term between an employer and a worker that blocks the worker from working for a competing employer, or starting a competing business, typically within a certain geographic area and period of time after the worker's employment ends.
Under Hawai?i law, pursuant to HRS § 480-4(a), ?Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.? HRS § 480-4(c) then enumerates several types of restrictive covenants that may be lawfully entered ...
Section 481A-3 prohibits false and fraudulent advertisements and such advertisements are treated as deceptive trade practices. False advertising is also prohibited under Section 708-871 under the Hawaii Penal Code. Such advertising acts are considered to be misdemeanor under the Code.
Business § 480-4. (a) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the State, or in any section of this State is illegal.
§480-1 Definitions. As used in this chapter: "Class action" includes the definition as provided in rule 23 of the Hawaii rules of civil procedure. "Commodity" includes, but is not restricted to, goods, merchandise, produce, choses in action, and any other article of commerce.
Any person may bring a claim of unfair methods of competition based upon conduct that could also support a claim of unfair or deceptive acts or practices as long as the nature of the competition is sufficiently alleged in the complaint.