The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit.
In August 2024, mere days before the Final Rule was to take effect, Judge...more
2/20/2025
/ Amicus Briefs ,
Appeals ,
Department of Justice (DOJ) ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Rulemaking Process ,
Statutory Interpretation ,
Summary Judgment ,
Unfair Competition
This week, on our Spilling Secrets podcast series, our panelists discuss how to navigate “group lift-outs,” in which one company hires multiple employees from another company at or about the same time:
Group lift-outs are...more
This week, on our Spilling Secrets podcast series, our panelists look back on the top trade secrets and non-compete stories of the year:
This year has been a rollercoaster for trade secrets and non-compete law. We’ve seen...more
This week, on our Spilling Secrets podcast series, our panelists connect the enchantment of Harry Potter with the intricacies of trade secrets and restrictive covenants:
Prepare to be spellbound this Halloween as we cast a...more
This week, on our Spilling Secrets podcast series, our panelists discuss the ongoing legal challenges to the Federal Trade Commission’s (FTC’s) nationwide non-compete ban and what the future may hold for employers:
On July...more
On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more
This week, on our Spilling Secrets podcast series, we underscore the importance of e-discovery in trade secret and restrictive covenant cases and look at how employers can use electronically stored information (ESI) to...more
6/26/2024
As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The...more
5/20/2024
/ Amicus Briefs ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Most restrictive covenant disputes are resolved out of court. However, what about the restrictive...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The inevitable disclosure doctrine, expected to be a widely used tool to protect trade secrets after the...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The 2023 Academy Awards are over, but we’re keeping the awards season alive with our very own Trade...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The holidays are over, and year-end bonuses are being paid, making January and the first quarter a...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
When faced with trade secret misappropriation, employers must decide how to proceed. In this episode,...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
An employer often overlooks training employees on what their restrictive covenant means and how to honor...more
9/21/2022
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Former Employer ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees,...more
This week, we introduce Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law.
If you're hiring from a competitor amid the Great Resignation, one of your top priorities is not...more