Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more
2/28/2025
/ Artificial Intelligence ,
Class Action ,
Commercial Litigation ,
Competition ,
Data Privacy ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Innovation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Non-Compete Agreements ,
Regulatory Reform ,
Risk Management ,
Securities Regulation ,
Technology Sector
The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just...more
1/22/2025
/ Confidentiality Agreements ,
Corporate Governance ,
DE Supreme Court ,
Employee Benefits ,
Employment Contract ,
Employment Litigation ,
Forfeiture ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Risk Management ,
Trade Secrets
In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. ...more
1/3/2025
/ Competition ,
Confidential Information ,
Contract Terms ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
As we navigate a rapidly evolving business and legal landscape, Seyfarth proudly presents the latest edition of our flagship publication, the 50-State Non-Compete Desktop Reference. Crafted with precision by our nationally...more
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more
9/25/2024
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Confidential Information ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Motion To Stay ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Summary Judgment
Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
Unfair Competition
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
Introduction -
As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more
11/8/2023
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Enforceability ,
Hiring & Firing ,
Intellectual Property Protection ,
Job Applicants ,
Labor Reform ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Risk Mitigation ,
State Labor Laws ,
Trade Secrets
Legal analytics powerhouse Lex Machina recently released its 2020 Trade Secret Litigation Report, which highlights federal litigation trends in the last decade, as well as the last year specifically. ...more
For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more
2/5/2020
/ Business Disputes ,
Competition ,
Confidential Information ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Employment Contract ,
Equitable Tolling ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Shareholders ,
Tolling Agreement ,
Trade Secrets ,
Written Agreements
This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more
11/4/2019
/ Article I ,
Confidential Information ,
Constitutional Challenges ,
Contract Terms ,
Contracts Clause ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Statutory Interpretation
This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more
8/3/2018
/ Choice-of-Law ,
Confidential Information ,
Employees ,
Employment Contract ,
Exempt-Employees ,
Garden Leave ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
Legislative Agendas ,
Misappropriation ,
Non-Compete Agreements ,
Pending Legislation ,
Reformation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
UTSA ,
Venue
The Massachusetts legislature is back at it again. Under new leadership, the Joint Committee on Labor & Workforce Development recently scheduled a hearing for October 31, 2017 on the non-compete reform bills proposed in...more