The FTC announced yesterday that it was extending the deadline to submit public comments on its proposed rule banning employment non-competes. ...more
On February 16, 2023, the FTC hosted a public forum for the purpose of examining the proposed rule banning non-compete agreements. The agenda included, among other things, opening remarks from Chair Kahn, an overview of the...more
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
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...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
Earlier this year, Seyfarth Shaw partnered to issue the 2022 Future Employer survey to clients and contacts. We surveyed in-house legal and business leaders to find out how they are thinking about the “Future of Work.” This...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
There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more
In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining...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
A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare...more
The Sedona Conference’s working group on trade secrets has created a draft Commentary on Protecting Trade Secrets throughout the Employment Life Cycle. The draft Commentary explains...more
Introduction -
The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or...more
The California Court of Appeal recently upheld the dismissal of claims against Mattel, which alleged that Mattel stole the idea for its flying Barbie doll from Technology from Heaven Unlimited (“TFHU”). Applying New York law,...more
In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a...more
On September 11, 2020, the California Court of Appeal issued a decision with two crucial holdings limiting the scope of California’s Automatic Renewal Law (ARL), Business and Professions Code sections 17600, et seq....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
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
The much-ballyhooed legal battle over trade secrets concerning self-driving automobile technology involving Uber took its latest (and perhaps final) turn last week, when engineer Anthony Levandowski was sentenced to 18 months...more
8/14/2020
/ Confidential Information ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Criminal Prosecution ,
Driverless Cars ,
Former Employee ,
Guilty Pleas ,
Indictments ,
Popular ,
Proprietary Information ,
Restitution ,
Theft ,
Trade Secrets ,
Uber
With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by which they will be allowed...more
THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and...more
6/22/2020
/ Class Action ,
Dispensaries ,
Marijuana Related Businesses ,
Marketing ,
Popular ,
Recreational Use ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Third-Party Relationships
One of the immediate legal trends arising from the shut down of all non-essential activities has been disputes concerning consumer refunds, with many class action suits against professional sports leagues, ticket brokers,...more
5/29/2020
/ Business Closures ,
Business Losses ,
Class Action ,
Commercial Bankruptcy ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Gym Memberships ,
Hospitality Industry ,
Membership Agreements ,
Office Space ,
Refunds