Responding to a Non-Compete Violation -
When an employer discovers a potential non-compete violation, they generally react within 1-4 weeks, though this can be shorter if the violation poses an immediate competitive threat....more
Many employees feel trapped by non-compete agreements, but there are legal ways to handle these restrictive employment agreements. Before risking legal action by breaking your agreement, consider these alternatives....more
1/31/2025
/ Contract Terms ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Financial Industry Regulatory Authority (FINRA) ,
Health Care Providers ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Texas ,
Trade Secrets
Multistate employers with employees in Texas are subject to state laws regarding employment agreements. Whether your business is large or small, specific provisions within your agreements could render your agreements...more
1/15/2025
/ At-Will Employment ,
Compliance ,
Confidential Information ,
Employee Handbooks ,
Employees ,
Employment Contract ,
Employment Policies ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Out-of-State Employees ,
Restrictive Covenants ,
Sensitive Business Information ,
State Labor Laws ,
Texas ,
Trade Secrets
On October 7, 2024, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB) issued a memo urging field offices to root out unlawful non-compete provisions and remedy the harmful effects.
“Whether...more
11/25/2024
/ Compensation & Benefits ,
Conditional Job Offers ,
Employee Relocations ,
Financial Harm ,
Labor Relations ,
Lost Wages ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Special Circumstances Doctrine ,
Trade Secrets ,
Unfair Labor Practices ,
Wage and Hour
Does the Federal Trade Commission’s (FTC) ban on non-compete clauses apply to non-solicitation clauses? It depends. The FTC ban on non-compete clauses can apply to non-solicitation agreements. However, only those that are so...more
The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more
6/14/2024
/ Confidentiality Agreements ,
Copyright ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Trademarks
What's the latest on the legal challenges to the FTC's ban on non-compete agreements? Here is a timeline of the decisions and events leading up to the final rule and the legal challenges since:
• January 5, 2023 – The...more
There is a misperception that the Federal Trade Commission’s (FTC) ban on non-compete clauses excludes hospitals and healthcare entities. This is not exactly the case. Some employers are outside the FTC’s jurisdiction and...more
5/7/2024
/ Air Carriers ,
Banks ,
Common Carriers ,
Federal Credit Unions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Lack of Jurisdiction ,
Non-Compete Agreements ,
Nonprofits ,
Physicians ,
Savings and Loan Companies
For potential buyers in a business merger or acquisition, the loss of key employees is a significant risk. That’s especially true in small- to medium-sized businesses, where critical roles and proprietary business insight can...more
On April 23, 2024, the Federal Trade Commission (FTC) voted to publish the “Non-Compete Clause Rule” to ban employers from entering into non-compete clauses with workers on or after the effective date. The rule will be...more
4/25/2024
/ Apprenticeships ,
Chamber of Commerce ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Franchises ,
FTC Act ,
Independent Contractors ,
Internships ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
U.S. Commerce Department
Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more
Changing Jobs with a Non-Compete:
What to Say and When? Changing jobs when you have a non-compete agreement in place can be tricky. Before making a move, plan your exit strategy – set a date, practice your resignation, and...more
A cease-and-desist letter is a warning to businesses or individuals to stop certain harmful actions. The letter may even threaten legal action if the recipient does not comply.
If you receive a cease-and-desist letter,...more
If you have a remote workforce, chances are you have employees in multiple states. Many of these employees may have access to proprietary information that could damage your business if used in competition against you....more