Popular, Employment Contract, Corporate Counsel

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

SEC Again Cracks Down on Companies That Restrict Whistleblowers

BCLP on 9/16/2024

As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule. On September 9, 2024, the SEC announced settled charges resulting...more

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

Fisher Phillips on 8/16/2024

Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more

Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)

Seyfarth Shaw LLP on 6/17/2024

On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive...more

Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

Seyfarth Shaw LLP on 5/1/2024

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers...more

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

Goodwin on 11/17/2022

On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

For The First Time, A Massachusetts Court Weighs In On The New Noncompetition Agreement Act – Well, Sort Of

Seyfarth Shaw LLP on 3/1/2019

As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. ...more

Unfair Competition: What Happened in 2018, and What's in Store for 2019

Littler on 2/11/2019

From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

California Appellate Panel Affirms Injunction Blocking Use Of Employee Non-Solicitation Provision In Dispute Between Travel Nurse...

Seyfarth Shaw LLP on 11/14/2018

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

Massachusetts Legislature Passes Comprehensive Noncompetition and Trade-Secrets Reform

Foley & Lardner LLP on 8/9/2018

The Massachusetts General Court has passed legislation that, if signed by the governor, will comprehensively reform the law governing employee noncompetition agreements and trade-secret misappropriation. If enacted, these...more

New Hampshire, Pennsylvania, Vermont May Restrict Use Of Non-Compete Agreements In Employment

Jackson Lewis P.C. on 1/10/2018

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On...more

Employers Beware! North Carolina Business Court Establishes New Standard for Consideration for Restrictive Covenants

Smith Debnam Narron Drake Saintsing & Myers,... on 9/5/2017

Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most common forms of...more

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Orrick - Trade Secrets Group on 7/13/2017

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Top 10 Employment & Labour Issues for Employers

Blake, Cassels & Graydon LLP on 7/5/2017

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

California Enacts New Employment Laws for 2017

Farella Braun + Martel LLP on 11/8/2016

California Governor Jerry Brown concluded the 2016 Legislative Session by signing several bills affecting employment relationships. Listed below are those bills that perhaps most critically impact your daily operations. ...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

Troutman Pepper Locke on 10/14/2016

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Mandatory Class Waivers Struck Down By 9th Circuit

Fisher Phillips on 8/23/2016

Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more

It’s All Good in China, Until It Isn’t: Tips and Flags for PRC Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/22/2016

Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local...more

Federal Defend Trade Secrets Act Clears the Senate: Is the Uniform Act on Life Support?

Eversheds Sutherland (US) LLP on 4/12/2016

The U.S. Senate has unanimously approved a bill increasing the protections available to companies for their commercial secrets. The Defend Trade Secrets Act of 2016 (DTSA or the Act) provides for the first time a truly...more

Who Owns Your Company's Social Media Account – You, Or One Of Your Employees?

Fisher Phillips on 4/6/2016

Employers have been asking an important question with more frequency in recent times: who owns the company’s social media account – the employer or the employee running the account? Business social media accounts often...more

Employers Can Demand Departing Employees Repay Training Costs

Weintraub Tobin on 2/4/2016

Training new employees is expensive. That is particularly true when an employer offers to pay for an employee’s educational training. The benefits of doing so include a more educated and well-trained workforce, as well as...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

Troutman Pepper Locke on 7/28/2015

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

Protecting IP Through Employment Law

Robins Kaplan LLP on 5/5/2015

Oftentimes, a patent case will not be decided by patent law, but by employment law. If an invention was developed by an employee or a third-party contractor without the proper agreements in place, the company may find itself...more

Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

Hinshaw & Culbertson LLP on 4/9/2015

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in...more

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