We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more
6/12/2025
/ CA Supreme Court ,
California ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notification Requirements ,
Restrictive Covenants ,
State Labor Laws
FTC Votes in Favor of Issuing Final Rule.
On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most...more
4/26/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
United States District Court Acquits all Defendants in US v. Patel -
On April 28, 2023, the United States District Court for the District of Connecticut acquitted the defendants in US v. Patel of the charges of conspiring...more
Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more
On January 11, 2023, Elizabeth Wilkins, the Federal Trade Commission’s Director of the Office of Planning and lead staffer for the FTC’s newly proposed ban on non-competes, provided comments and answered questions about the...more
Parties in Criminal No-Poach Case Reach Pre-Trial Resolution -
Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more
7/13/2022
/ Anti-Competitive ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforcement Actions ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Pleas ,
Restraint of Trade ,
Restrictive Covenants ,
Sherman Act
Aggressive Attacks on Employers’ Post-Employment Restrictions Continue -
Employers beware. The Department of Justice’s attack on employee restrictions has gotten a new boost in a no-poach antitrust case alleging that...more