Tips for Conducting a Trade Secret Assessment with Rob Jensen
Daily Compliance News: July 11, 2025, The What is a COI Edition
The USDOJ Antitrust Division’s Compliance Guidance
4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
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
After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more
On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job...more
The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more
Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more
As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more
Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. ...more
Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more
In what appears to be the largest attorney fee award against a political campaign or president, an arbitrator ordered Donald J. Trump for President, Inc. to pay $1.3 million in legal fees and $17,300 in costs to former White...more
California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously...more
In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more
Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more
Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
In the era of #MeToo, the gag order (legally speaking, non-disclosures or confidentiality clauses) has come under attack as a tool that silences victims and is responsible for compounding the damage to victims by keeping them...more
An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more
They say the only thing in life that is constant is change, and we certainly saw that in 2019. This was a big year for change in employment law as legislators, courts, and regulators, shaped the workplace to reflect societal...more
Our September update considers recent key developments in employment law, including a case on calculating holiday pay for irregular workers and a Supreme Court decision on non-party access to court documents. We also outline...more
No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
UK employers entering into non-disclosure agreements (NDAs) as part of their sexual harassment or discrimination settlements will begin to find the scope of their NDAs significantly limited. This article focuses on the latest...more
As predicted in a previous post, New Jersey Governor Phil Murphy signed Senate Bill 121 last month. This bill has two primary effects: “A provision in any employment contract [(other than a collective bargaining agreement,...more
New Jersey employers should review their current practices to ensure compliance with a new law prohibiting non-disclosure provisions in employment contracts and the settlements of discrimination, harassment and retaliation...more
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
In the recently concluded session, Washington legislators enacted numerous laws that will adversely affect employers of all sizes across the State. With so many changes, it is key that employers stay up to date and understand...more
In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more