News & Analysis as of

Non-Solicitation Agreements 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

Adams & Reese

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams & Reese on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Kohrman Jackson & Krantz LLP

NLRB Makes Good on Its Promise to Challenge Non-Competes

In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Fox Rothschild LLP

Protecting Your IP & Confidential Info

Fox Rothschild LLP on

In a world where non-compete agreements are being curtailed or outright banned, companies need to enhance their use of other ways to protect their intellectual property and confidential information when their employees leave...more

Foster Swift Collins & Smith

Time to Revisit Your “Standard” Employment and Separation Agreements

A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation...more

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

Pierce Atwood LLP on

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

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