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
On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Set-Asides ,
Statutory Authority ,
Texas
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
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