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
Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more
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
When considering whether to place employees under post-employment restrictive covenants, employers often consider including customer non-solicitation provisions in addition to or as an alternative to the traditional...more
The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more
In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few...more
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
In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more
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
Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more
By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more
In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more
Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more
Many jurisdictions have recently passed legislation restricting the use of non-competes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more
In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more
In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban non-compete clauses in employment agreements, which it asserts hurts workers and harms competition. The proposed rule would prevent employers from...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
As it had been encouraged by President Biden after he took office, the Federal Trade Commission (FTC) today finally took steps to regulate employee noncompete agreements at the federal level...more
Federal and state laws are becoming increasingly unfriendly to employers' efforts to impose post-employment restrictions on workers via nonsolicit and noncompete agreements. However, even in states that have historically...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law. An employer often overlooks training employees on what their restrictive covenant means and how to honor...more
Companies with employees in the District of Columbia (“DC”) should familiarize themselves with the Non-Compete Clarification Amendment Act of 2022 (the “Act”) which becomes effective October 1, 2022....more
Much has been written about Senate Bill 169 (S.B. 169), which established new limits on noncompetition agreements in Oregon as of 1 January 2022. Less attention has been paid to what employers can still do to protect their...more
Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long...more
Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more
If supermodel Tyra Banks has taught us anything about the modeling industry, it’s that the competition is fierce. Unfortunately, one Manhattan-based modeling agency and former agent aren’t learning this lesson on the...more