Recent legal developments may doom the Federal Trade Commission (FTC) Noncompete Rule (the “Rule” or the “Noncompete Rule”). The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo has significant...more
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years.
Our last...more
The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more
Employees are more likely to explore new employment options as the end of the year draws near. But, employee mobility can be hindered by non-solicit, non-hire and confidentiality agreements. In addition, a recent trend in...more
11/8/2022
/ Compensation ,
Confidentiality Agreements ,
Department of Justice (DOJ) ,
Employee Mobility ,
Employee Retention ,
NLRB ,
No-Poaching ,
Non-Compete Agreements ,
Pay Transparency ,
Trade Secrets ,
Wage and Hour
In keeping with the national trend of aggressively pursuing limitations on or prohibitions against non-competition agreements, the State of Colorado recently enacted first-of-its-kind criminal penalties for employers seeking...more
A number of states and municipalities have passed laws restricting or banning noncompetes in recent years. For instance, employee noncompetes are prohibited in California and, in Washington, D.C., were banned as of March 15,...more
Employers requiring lower-wage employees to sign and abide by non-competition and non-solicitation of clients provisions may want to find another mechanism to protect business goodwill and confidential information. Courts...more