Non-Compete Compliance in 2025: State Trends and Employer Strategies
FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability - #WorkforceWednesday® - Employment Law This Week®
Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk - Employment Law This Week® - Spilling Secrets Podcast
Multijurisdictional Employers, Part 1: Independent Contractors vs. Employees
Ensuring Success with Executive Agreements
Exit Strategies for Healthcare Employment Agreements
Legal and Practical Considerations of Adapting Employment Contracts
From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network - No Infringement Intended Podcast
The Power of Lawyer Letters
From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network — Hiring to Firing Podcast
Work This Way: A Labor & Employment Law Podcast - Episode 42: Non-Compete Agreements with Mitchell Greggs of Maynard Nexsen
Trade Secrets in Hollywood: Lessons from Oscar-Nominated Films - Employment Law This Week® - Spilling Secrets Podcast
Successful Strategies for Employee Transitions
#WorkforceWednesday®: Trade Secret Litigation - Lessons from High-Stakes Group Exits - Spilling Secrets Podcast - Employment Law This Week®
#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®
#WorkforceWednesday®: 2024’s Biggest Trade Secrets and Non-Compete Developments - Spilling Secrets Podcast - Employment Law This Week®
#WorkforceWednesday®: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers - Spilling Secrets Podcast - Employment Law This Week®
Employment Law Now VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements
Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault
#WorkforceWednesday®: Wizarding and the World of Trade Secrets - Spilling Secrets Podcast - Employment Law This Week®
The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a...more
On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more
The National Labor Relations Board’s acting general counsel withdrew a memorandum issued by his predecessor that characterized some non-competition agreements with employees as violations of federal labor laws....more
2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside...more
Inauguration Day is upon us, and with the Presidential change comes several anticipated changes to federal employment agency initiatives. We are likely to see federal agencies, including the Federal Trade Commission (FTC),...more
As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and...more
Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement...more
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
2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more
2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more
As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more
The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more
The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more
Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more
On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more
The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more
Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more
One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While...more
On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more
The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more
In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more