In Jefferson v. Science Apps. Int’l Corp., et al.,[1] the U.S. District Court for the District of Columbia dismissed the plaintiff’s whistleblower retaliation claim brought under Section 806 of the Sarbanes-Oxley Act (“SOX”...more
On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation...more
5/2/2025
/ Contract Terms ,
Employee Rights ,
Employer Responsibilities ,
Employment Contract ,
Enforcement ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Regulatory Requirements ,
Restrictive Covenants ,
State Labor Laws
Wyoming just banned most non-compete agreements (Wyo. Stat. § 1-23-108): starting July 1, 2025, most agreements that restrict workers from working in competitive jobs will be void, absent some exceptions for:
High-Level...more
4/3/2025
/ Contract Terms ,
Employee Rights ,
Employee Training ,
Employees ,
Employment Contract ,
New Legislation ,
New Rules ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a former plant manager. The Court explained that, under Delaware law, forfeiture-for...more
Earlier today, July 3, 2024, the United States District Court for the Northern District of Texas issued a preliminary injunction staying enforcement of the Federal Trade Commission’s (“FTC”) proposed final rule (“Final Rule”)...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States.
Despite...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
Today the Federal Trade Commission voted 3-2 to approve a Final Rule that, absent a successful legal challenge, will ban most noncompete agreements in the United States beginning 120 days after publication in the Federal...more
4/24/2024
/ Employment Contract ,
Enforcement ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more
On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
11/19/2021
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
As we previously reported, a new amendment to the Illinois Freedom to Work Act (820 ILCS § 90) regarding the use of non-competition and non-solicitation restrictive covenants for Illinois employees will take effect on January...more
11/15/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Amendments ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more
8/19/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and...more
Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. ...more
On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination. The Act creates new laws and amends several existing...more
8/26/2019
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Pritzker ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Transparency
On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after...more