There have been some significant developments since the FTC announced its proposed rule banning non-competes in early January. ...more
US Senator Chris Murphy (D-Conn.) and US Senator Todd Young (R-Ind.) on February 1st reintroduced the Workforce Mobility Act. The legislation would ban the use of non-compete agreements with some limited exceptions. US...more
100 business organizations submitted a letter today requesting a 60 day extension on the March 20, 2023, comment period deadline on the FTC’s proposed rule banning non-competes with employees and workers. The business...more
The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register....more
1/20/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns,...more
There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. One such exception is the sale of business exception found in California Business & Professions Code § 16601....more
Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This...more
Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more
8/19/2020
/ At-Will Contracts ,
Business & Professions Code ,
Business Disputes ,
CA Supreme Court ,
Cartwright Act ,
Collaboration ,
Competition ,
Employment Contract ,
Franchise Agreements ,
Motion to Dismiss ,
Non-Compete Agreements ,
Tortious Interference ,
Unfair Competition Law (UCL) ,
Wrongful Acts
In Seyfarth’s first installment in its 2020 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan, Jesse Coleman, and Joshua Salinas reviewed the noteworthy legislation, cases, and other legal developments from...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more
2/27/2020
/ Confidentiality Policies ,
Conflicts of Interest ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employment Contract ,
Employment Litigation ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FOIA ,
Forum Selection ,
Fraud and Abuse ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Minimum Wage ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Sherman Act ,
State Attorneys General ,
State Labor Laws ,
Trade Secrets ,
UK ,
Wage and Hour
Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more
1/24/2020
/ Antitrust Provisions ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Job Applicants ,
Low-Wage Workers ,
Non-Compete Agreements ,
Public Workshops ,
Restrictive Covenants ,
Rulemaking Process ,
Sherman Act ,
UDAP
On May 14, 2019, Oregon Governor Kate Brown signed into law HB 2992, which, as of January 1, 2020, requires an employer to provide a terminated employee with a signed, written copy of his or her non-competition agreement...more
6/24/2019
/ Appeals ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
State and Local Government ,
State Labor Laws ,
Trade Secrets
Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees. Edwards simply reaffirmed California’s long-standing...more
6/7/2019
/ Contract Terms ,
Deferred Compensation ,
Denial of Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Forfeiture ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Retirement
In Seyfarth’s first installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas reviewed noteworthy cases and legal developments from across the nation over the...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more
1/29/2019
/ Blockchain ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
FOIA ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Petition for Writ of Certiorari ,
Restrictive Covenants ,
Trade Secrets ,
Whistleblower Protection Policies
Throughout 2018, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing...more
Back in 2015, we covered the divided holding of the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in...more
Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more
3/6/2018
/ Alphabet Company ,
Automotive Industry ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Driverless Cars ,
Employee Privacy Rights ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Technology Sector ,
Trade Secrets ,
Uber ,
US v Nosal ,
Whistleblower Protection Policies
Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law....more
2/19/2018
/ Alphabet Company ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Defend Trade Secrets Act (DTSA) ,
Encryption ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Trade Secrets ,
Uber ,
US v Nosal
In Seyfarth’s first installment of its 2018 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets...more
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more
1/28/2017
/ Computer Fraud and Abuse Act (CFAA) ,
Data Theft ,
Defend Trade Secrets Act (DTSA) ,
EU Trade Secrets Directive ,
Forum Selection ,
International Trade Commission (ITC) ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Scope and Duration of Restrictive Covenant ,
Section 337 ,
Security Breach ,
State Legislatures ,
TN Supreme Court ,
Trade Secrets
Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade.
California, mecca of the film and media production industries in the U.S., is notorious for...more
As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your...more