Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
#WorkforceWednesday: Noncompete Bans Spread to New York and Beyond - Employment Law This Week®
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®
Sign on the Dotted Line: Negotiating an Effective Employment Agreement
#WorkforceWednesday: Spilling Secrets: Restrictive Covenants in the Remote Work Boom - Employment Law This Week®
MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
#WorkforceWednesday: Spilling Secrets: Hiring from a Competitor? Don't Get Sued. - Employment Law This Week®
NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
Reasonable minds can differ: Part 2
Revisiting Executive Compensation and Employee Incentive Plans
Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture
Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction
National Backlash Builds Against Non-Compete Agreements - Employment Law This Week® - Trending News
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Crackdown on Non-Solicitation Agreements, DOL Opinion Letters, New NLRB Member, State Law Developments
On 11 June 2025, the French Competition Authority (‘FCA’) fined three companies active in the engineering, technology consulting, and IT services sectors, Alten, Bertrandt, and Expleo, a total of €29.5 million for...more
In June 2025, the European Commission (EC) and the French Competition Authority (FCA) took enforcement action against three cartels involving “no-poach” practices – agreements not to hire or solicit rivals’ employees. Five...more
A federal court recently granted in part and denied in part a franchisor’s motion to enjoin the post-termination activities of its former franchisees and two related entities. Rooterman, LLC is a plumbing services franchisor....more
On 2 June 2025, the European Commission (“Commission”) delivered a decision fining Delivery Hero and Glovo a total of EUR 329 million for participating in a cartel in the online food delivery sector. It is the first time the...more
As the legal landscape around restrictive covenants continues to evolve, staying ahead of changes in non-compete and non-solicitation laws is critical for employers, their HR professionals, and in-house counsel. Don’t miss...more
The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more
Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more
NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 on October 7, 2024, announcing her goal to remedy the alleged harmful effects she views inherent to overly broad non-compete and stay-or-pay provisions by...more
On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more
Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them...more
On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more
On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more
The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more
On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more
The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more
On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more
Last week, the Washington State Legislature passed a proposal that, once signed into law, will significantly restrict the use of noncompetition agreements in Washington. We fully expect Governor Jay Inslee to sign this law,...more
On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more
Franchise agreements commonly prohibit the franchisee from soliciting or hiring workers employed by the franchisor or other franchisees. This may take the form of “no-hire” or “no-switching” clauses that prohibit hiring each...more
U.S. Senators Elizabeth Warren (D. Mass.), Ronald Wyden (D. Ore.) and Christopher Murphy (D. Conn.) recently introduced Senate Bill 2782 which, if enacted, would for all practical purposes amount to a nationwide ban on...more
Human resources ("HR”) departments have historically had little reason to hold antitrust law top of mind, as there was little in the way of enforcement activity concerning personnel issues. In recent years, however,...more
The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more