The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country.
Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more
3/3/2022
/ Administrative Feasibility ,
Choice-of-Law ,
Confidentiality Agreements ,
Contract Drafting ,
Employment Contract ,
Forum Selection ,
Garden Leave ,
Hiring & Firing ,
Multistate Employers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Webinars
Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...more
Welcome to #WorkforceWednesday. This week, we look at the restriction and legislation of non-compete agreements.
The Future of Non-Compete Agreements
The restriction and legislation of non-compete agreements is gaining...more
The nation is beginning to see the light at the end of the pandemic tunnel. Employees who have been working from their kitchen tables for 12 months are starting to look toward greener pastures. Protecting against the risks of...more
5/6/2021
/ Competition ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Risk Mitigation ,
Trade Secrets ,
Webinars
2020 has been an unsettling, unprecedented, and difficult year for most employers. At the same time, courts and legislatures have been directly affected by the ongoing pandemic while responding to the urgent and unusual needs...more
In a matter of weeks, COVID-19 has changed the workplace. Travel restrictions, shelter-in-place orders, and mandatory closures have meant that it is far from business as usual for nearly all employers. ...more
The 2019 legal landscape of employee mobility continues to evolve, at times drastically. Courts and legislatures are giving increased scrutiny to employers’ claims to protect the confidentiality of their trade secrets and...more
6/27/2019
/ Antitrust Violations ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Non-Compete Agreements ,
Preemption ,
Restrictive Covenants ,
Sherman Act ,
State Labor Laws ,
Trade Secrets
On August 10, 2018, the Governor of Massachusetts signed “An Act relative to the judicial enforcement of noncompetition agreements,” otherwise known as the Massachusetts Noncompetition Agreement Act (“Act”), § 24L of Chapter...more
In managing workforces, particularly when addressing employee turnover, employers often find themselves facing issues regarding how best to safeguard their confidential business information and how to protect their...more
California has always been a challenging jurisdiction for employers in terms of limiting unfair competition by former employees and protecting trade secrets. However, employers in the state can significantly enhance their...more
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which amends the Economic Espionage Act of 1996 to provide a federal cause of action to private companies for trade secret...more
In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more