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Confidentiality Agreements Unfair Competition

Littler

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

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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

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

McGuireWoods LLP

Trade Secrets: What You Should Know From 2024 to Prepare for 2025

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Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop,...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

Felicello Law PC

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

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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

Fox Rothschild LLP

FTC Bans Virtually All Employment-Based Noncompete Agreements, Business Groups Seeking Injunction

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In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few...more

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

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

Jackson Lewis P.C. on

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

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Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Wilson Sonsini Goodrich & Rosati

Recent Cases Shed Light on the Status of Employee Non-Solicitation Agreements in California

Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more

Seyfarth Shaw LLP

California Appellate Panel Affirms Injunction Blocking Use Of Employee Non-Solicitation Provision In Dispute Between Travel Nurse...

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On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more

McAfee & Taft

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

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Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

Fisher Phillips

Are You Doing Enough to Protect Your Company's Secrets?

Fisher Phillips on

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...more

Morris James LLP

Court Of Chancery Calculates The Length Of An Injunction Against Unfair Competition

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How long should competition in violation of an agreement be enjoined? Normally, that would depend on what the agreement says. But when that is not set out by the parties’ contract, this decision explains how to determine the...more

Cadwalader, Wickersham & Taft LLP

Hong Kong Competition Commission Consults on Draft Cartel Leniency Policy

On September 23, 2015, the Hong Kong Competition Commission (the Commission) released a draft leniency policy for undertakings engaged in cartel conduct (the Policy) for public consultation. Feedback is invited by the...more

Robinson & Cole LLP

Even More Reason for Manufacturers to Update Their Employment Agreements

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In an increasingly competitive landscape, a manufacturer’s significant employees may hold the “keys to the kingdom.” Loss of such a worker to a competitor could have a substantial impact on future business growth. Many...more

Ervin Cohen & Jessup LLP

Protecting Your Information Assets – Part I

Part I: The Employment Agreement/Confidentiality Agreement It is common for a business to maintain information that gives it an edge over its competition. Such information can be as varied as customer lists, supplier...more

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