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Virginia Governor Glenn Youngkin recently signed legislation expanding the state’s limitations on the use of noncompetition agreements in employment. Currently, Virginia prohibits employers from entering into noncompetes with...more
Making sense of the NLRB’s effort to limit non-compete agreements. In late May, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), issued Memorandum GC 23-08, in which she expressed her...more
Under the Biden administration, administrative agencies have taken aggressive action attempting to banish non-competes and similar agreements from the workplace. On January 5, 2023, the Federal Trade Commission (“FTC”)...more
Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more
Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more
The New Year has certainly started with a bang at the Federal Trade Commission (FTC). First, the agency announced enforcement actions against three employers prohibiting those companies from using non-competition agreements...more
The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more
This week, we look at the increased focus on non-compete agreements across the country. The Current Environment for Non-Compete Agreements (see video attached) There has been a wave of legislation restricting non-compete...more
Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements...more
President Biden has directed the FTC to crack down on non-competition agreements. Non-compete clauses can unfairly hinder the mobility of low-level workers due to disparate bargaining power. Originally Published in...more
On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other directives, encourages the Federal Trade Commission (FTC) to exercise its statutory rulemaking...more
Citing concerns about worker mobility and advocating for increased market competition, President Biden signed Executive Order No. 14036: Promoting Competition in the American Economy, on July 9, 2021. The Order, published in...more
As anticipated, President Biden has continued to carry through on his presidential campaign promise to overhaul federal labor and employment laws. With the aim of protecting workers and encouraging competition, on July 9,...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more
In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more
Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more
On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more
In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more