Ex-employee’s golf outing with customer does not violate non-solicit -
An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more
12/4/2023
/ Appeals ,
Artificial Intelligence ,
Breach of Contract ,
Class Action ,
Confidential Information ,
CVS ,
Defend Trade Secrets Act (DTSA) ,
Employment Litigation ,
Injunctive Relief ,
Motion to Dismiss ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Private Right of Action ,
Restrictive Covenants ,
Software ,
Trade Secrets
October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges -
Compilation of...more
11/1/2023
/ Appeals ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Non-Solicitation Agreements ,
Settlement Agreements ,
Trade Secrets ,
Unions
Rule 21F-17 of the Securities Exchange Act of 1934 (“Rule 21F-17”), adopted under Dodd-Frank, prohibits employers from “tak[ing] any action to impede an individual from communication directly with [SEC staff] about a possible...more
September 2023: Enjoining competitive employment, advisor mobility, reverse discrimination, the low bar for retaliation, and litigating “Cause”
Connecticut Court Issues Temporary Restraining Order Enforcing Noncompete...more
9/19/2023
/ Affirmative Action ,
Asset Management ,
Breach of Contract ,
Employment Litigation ,
Financial Adviser ,
Non-Compete Agreements ,
Race Discrimination ,
Restrictive Covenants ,
Retaliation ,
Reverse Discrimination ,
Sexual Harassment
To paraphrase what Ben Franklin may have been alluding to nearly 300 years ago in his famous quote, often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings is to take...more
7/27/2023
/ Anti-Corruption ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Money Laundering ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Data Privacy ,
Data Security ,
Document Review ,
Due Diligence ,
Employment Contract ,
Enforcement ,
Ethics ,
Force Majeure Clause ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Health and Safety ,
Insurance Industry ,
Intellectual Property Protection ,
Investigations ,
Non-Public Information ,
Performance Reviews ,
Personal Information ,
Pricing ,
Reporting Requirements ,
Risk Mitigation ,
Sales ,
Social Media ,
Technology Sector
On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception.
The bill defines non-competes...more
Fresh off convincing the National Labor Relations Board (the Board) to declare unlawful confidentiality and non-disparagement provisions in severance agreements, the Board’s General Counsel, Jennifer Abruzzo, is setting her...more
On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that, if passed, would deem non-compete clauses an “unfair method of competition” prohibiting all employers from entering into these...more
As we previously reported, former Mayor Bill de Blasio issued an order effective December 27, 2021 requiring private sector employers to mandate that all in-person workers in New York City receive and show proof of...more
Effective November 1, 2022, New York City’s pay transparency law will require most employers to disclose salary ranges in their job postings.
As we previously reported, under the new law, employers will be required to...more
On June 15, 2022, the Securities and Exchange Commission (“SEC”) filed a complaint against California-based broker-dealer Western International Securities, Inc. (“Western”) alleging violations of Regulation Best Interest...more
6/29/2022
/ Best Interest Standard ,
Broker-Dealer ,
Enforcement Actions ,
Fiduciary Duty ,
Financial Services Industry ,
Investment ,
Investment Adviser ,
Investment Management ,
Regulation Best Interest ,
Regulation BI ,
Retail Installment Sales Contracts ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Transactions ,
Securities Violations ,
Standard of Conduct