News & Analysis as of

Non-Disclosure Agreement Restrictive Covenants Non-Disparagement Provisions

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

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

Society of Corporate Compliance and Ethics...

Non-Compete Agreements: An Endangered Species?

Non-compete agreements may soon be going the way of the dodo. The FTC just concluded its public comment period for its plan to eliminate them in most cases, and new rules are expected to be released later this year. Already,...more

Kelley Drye & Warren LLP

Employment Laws Shaping 2023

2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

Benesch

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

Benesch on

As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more

Chartwell Law

NLRB Deals Another Blow to Employers

Chartwell Law on

On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further...more

Genova Burns LLC

Practical Considerations On The Speak Out Act

Genova Burns LLC on

On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

FordHarrison

Washington State's New Law on NDAs and Settlement Agreements

FordHarrison on

On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and...more

Nelson Mullins Riley & Scarborough LLP

New Washington Law Bans Nondisclosure and Nondisparagement Provisions and Applies Retroactively

On March 24, 2022, Washington Governor Jay Inslee signed into law ESHB 1795, which generally prohibits nondisclosure and nondisparagement provisions in agreements between employers and employees.  The law, which applies to...more

Holland & Knight LLP

New California Labor and Employment Laws for 2022

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The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Legislature Takes Aim at Nondisclosure Agreements

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more

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