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2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

NLRB General Counsel Asserts That Non-Competition Agreements For Non-Management and Non-Supervisory Employees Are Unlawful

On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum asserting that most post-employment non-competition agreements for...more

DC Non-Compete Ban Further Delayed Until October 1, 2022

Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1,...more

Updated: DC Non-Compete Ban Delayed Until April 1, 2022

In December 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020. As Arent Fox previously outlined, the Act would make the District of Columbia one of the few...more

Biden Directs FTC To Regulate Non-Compete Agreements

On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more

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