News & Analysis as of

Employees Intellectual Property Protection Employment Contract

Wolf, Greenfield & Sacks, P.C.

Don’t Let Your IP Walk Out the Door

Your employees can be your company’s most valuable asset — but they also represent your greatest vulnerability when it comes to protecting confidential information and intellectual property (IP). To protect confidential...more

McGuireWoods LLP

Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection

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In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade...more

Kilpatrick

5 Key Takeaways | Protecting Your IP When People are Coming and Going

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Kilpatrick’s Katie Barton, Nena Bains, and Destiny Williams recently presented a webinar in partnership with the Association of Corporate Council on the topic of “Protecting Your IP When People are Coming and Going.”...more

Adler Pollock & Sheehan P.C.

NLRB Acting General Counsel Rescinds Numerous General Counsel Memoranda of His Biden Era Predecessor

On Friday, February 14, 2025, Acting General Counsel of the National Labor Relations Board, William B. Cowen issued General Counsel Memoranda 25-05 rescinding in full, numerous General Counsel Memoranda of his predecessor,...more

Seyfarth Shaw LLP

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

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Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more

Seyfarth Shaw LLP

Pennsylvania Federal Court to Issue Decision On FTC Non-Compete Ban Challenge By July 23

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While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Schwabe, Williamson & Wyatt PC

So the FTC Banned Non-Competes… What Does This Mean For Your IP?

The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation,...more

Seyfarth Shaw LLP

Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

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Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Troutman Pepper Locke

Talk About Competition! New York City Considers Three Different Noncompete Bans

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Wilson Sonsini Goodrich & Rosati

New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to...more

Seyfarth Shaw LLP

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

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The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants...more

Seyfarth Shaw LLP

California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages

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Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat....more

Akerman LLP - HR Defense

The Secret Is Out: Updates to New York’s Non-Disclosure Law

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New York is closing out 2023 by ushering in sweeping amendments to its law governing non-disclosure agreements (NDAs) in certain settlement agreements. The amendments represent the next step in New York’s ongoing effort to...more

Seyfarth Shaw LLP

New York Non-Compete Ban is Off the Table—For Now

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Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

Seyfarth Shaw LLP

Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

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In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most...more

Seyfarth Shaw LLP

UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech

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At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech, an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has...more

Seyfarth Shaw LLP

Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements

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On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more

Seyfarth Shaw LLP

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

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California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

Buckingham, Doolittle & Burroughs, LLC

Your Employee Handbook May be Deficient for Capturing Patent Rights

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an...more

Davis Wright Tremaine LLP

NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

Littler

Minnesota Is Poised to Enact a Law Banning Virtually All Non-Compete Agreements

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A proposed law banning virtually all covenants not to compete (also known as non-compete agreements) is headed to the Minnesota State Senate and House of Representatives, where it is widely expected to pass.  Once it arrives...more

FordHarrison

Help Wanted at Yellowstone Ranch

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Employers (Montana-based or otherwise) obviously cannot brand their employees and/or toss them off a dark cliff, even in the interest of protecting legitimate business interests such as trade secrets or customer...more

Seyfarth Shaw LLP

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

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This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more

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