News & Analysis as of

Confidentiality Agreements Non-Compete Agreements

Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Freeman Law

Is it Really Over? Contract Provisions that Survive Termination and Why.

Freeman Law on

Just like many relationships, not all parts of a contract become things of the past when they expire or terminate. One way to ensure that a contractual right or duty applies post-termination is to specify that will it...more

Mintz

Restrictive Covenants in Private Equity Transactions

Mintz on

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Conn Maciel Carey LLP

[Webinar] Trade Secrets and Restrictive Covenants: Practical Advice to Safeguard Your Company’s Critical Assets - April 10th,...

Conn Maciel Carey LLP on

The protection of trade secrets and confidential information is critical to the success of many organizations. Employers must remain vigilant against the growing risk of sensitive information being compromised, especially...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

McGlinchey Stafford on

The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Parker Poe Adams & Bernstein LLP

Customer Non-Solicitation Restrictions Face Increasing Scrutiny

When considering whether to place employees under post-employment restrictive covenants, employers often consider including customer non-solicitation provisions in addition to or as an alternative to the traditional...more

Lasher Holzapfel Sperry & Ebberson PLLC

ALERT: New Washington Supreme Court Ruling on Noncompete Agreements

Recently, the Washington Supreme Court held that noncompete agreements for employees earning less than twice the minimum wage must be reasonable and narrowly construed. The court found that prohibiting employees from...more

Seyfarth Shaw LLP

Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

Seyfarth Shaw LLP on

The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just...more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

Falcon Rappaport & Berkman LLP

Michigan Bankruptcy Court Holds That a Non-Compete Clause Survives the Rejection of an Executory Contract and That a...

In a recent decision of interest, the Bankruptcy Court for the Eastern District of Michigan held that a non-compete clause within a franchise agreement as well as confidentiality agreement could not be rejected as an...more

CDF Labor Law LLP

[Webinar] Just When You Thought It Was Safe to Go Back to the Office – The Top 10 Current Legal Headaches for California Employers...

CDF Labor Law LLP on

California employers face a constantly evolving legal landscape, with compliance challenges that can lead to significant financial and operational risks. Join CDF Partners Todd Wulffson and Alessandra Whipple during this...more

A&O Shearman

SEC Reaches Three Separate Resolutions In Continued Focus On Whistleblowers And Rule 21F-17(a)

A&O Shearman on

In September 2024, the Securities and Exchange Commission (“SEC” or “the Commission”) resolved three separate actions against corporate entities for reaching agreements with employees, potential employees, and clients that,...more

Axinn, Veltrop & Harkrider LLP

Move Over Non-Competes: Why NDAs May Be the Next Antitrust Enforcer Focus

On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more

Lewitt Hackman

Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

Lewitt Hackman on

A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

ArentFox Schiff

The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation

ArentFox Schiff on

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

Epstein Becker & Green on

Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

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

Felicello Law PC

Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

Felicello Law PC on

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the...more

Lathrop GPM

Bankruptcy Court Grants Motion of Franchisee Debtor to Reject Franchise Agreement, Concludes Noncompete and Confidentiality...

Lathrop GPM on

A Michigan bankruptcy court recently granted debtor/franchisee Empower Central Michigan Inc.’s motion to reject a franchise agreement as an executory contract but found that a non-compete clause and a related confidentiality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Claims are Related to Trade Secret Claims?

What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more

Kerr Russell

Health Care Providers Affected by FTC’s Ban on Noncompetes

Kerr Russell on

This Final Rule does not take effect until 120 days after it is published in the Federal Register. Litigation seeking to prevent the Final Rule from ever taking effect has already been commenced in the United States District...more

195 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide