On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more
Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020.
Update: The law will now be published...more
On December 15, 2020, the Council of the District of Columbia passed a bill that, if enacted into law, would largely ban employers from requiring their D.C. employees to sign non-compete agreements.
If the bill is not...more
Many states strongly disfavor non-compete agreements, enforcing the narrowest of provisions and leaving employers in some jurisdictions with limited options for protecting their investments in intangible assets such as...more
In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government...more
3/6/2020
/ Burden of Proof ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Evidentiary Hearings ,
Former Employee ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Public Policy ,
Restrictive Covenants ,
Trade Secrets ,
VA Supreme Court
As noted in an earlier Alert, on January 9, 2020, the Federal Trade Commission held a public workshop and invited public comments on whether the FTC should issue a rule that would restrict or prohibit the use of non-competes...more
In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more
1/27/2020
/ Antitrust Provisions ,
Comment Period ,
Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Public Comment ,
Public Workshops ,
Regulatory Oversight ,
Restrictive Covenants ,
Rulemaking Process
On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law. ...more
7/11/2019
/ Antitrust Injuries ,
Conflicts of Interest ,
Fast-Food Industry ,
Franchisee ,
Low-Wage Workers ,
New Legislation ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Sherman Act ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour