October 6, 2024 marks the two-year anniversary of Kodiak Building Partners, LLC v. Adams—the case in which the Delaware Chancery Court refused to enforce a sale-of-business non-compete against an executive who received $1...more
Judge Ada Brown in the Northern District of Texas has stayed the effective date of the FTC’s Non-Compete Rule and granted plaintiffs’ motion for preliminary injunction against the Rule, effective July 3, 2024. The court found...more
On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more
5/2/2024
/ Competition ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Nonprofits ,
Restrictive Covenants ,
Selling a Business ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more
As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission...more
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret...more
Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley...more
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more
12/19/2023
/ Adverse Employment Action ,
CA Supreme Court ,
Confidentiality Agreements ,
Employer Liability Issues ,
Oral Argument ,
Protected Activity ,
Retaliation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Whistleblowers
The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel, acquitting...more
The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a bang. Whether it goes into effect, in what form, and whether the Rule will...more
On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it...more
20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the...more