Last Friday, the Federal Trade Commission (“FTC”) gave notice to appeal Judge Brown’s nationwide bar on the FTC’s final rule creating a Non-Compete Ban or enforcement of the rule in the case of Ryan LLC v. Federal Trade...more
In what might be the first published case discussing California’s newest anti-non-compete laws, Cal. Bus & Prof. Code § 16600.5(a) & (b), DraftKings successfully obtained a preliminary injunction and defeated the appeal of...more
As of yesterday afternoon, employers across the country that utilize noncompete agreements may breathe a sigh of relief, as Judge Ada Brown beat her self-imposed deadline of August 30, 2024 and ordered an end to any...more
8/21/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants
In July, this blog alerted you to the outcome of the preliminary injunction rulings in Ryan, LLC v. Federal Trade Commission and ATS Tree Services, LLC v. Federal Trade Commission, which resulted in a 1-1 tie between...more
Judge Brown of the United States District Court for the Northern District of Texas issued a much anticipated Preliminary Injunction to stay the September 4, 2024 effective date of the FTC’s announced ban on non-compete...more
The Federal Trade Commission promulgated regulations that stand to ban non-compete agreements in employment relationships nationwide. These regulations are scheduled to become effective on September 4, 2024....more
Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more
6/11/2024
/ California ,
Confidential Business Information (CBI) ,
Continuing Legal Education ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Trade Secrets ,
Webinars
The Federal Trade Commission’s (“FTC”) Commissioners’ voted 3-2 to approve rules first announced in January 2023 to, essentially, ban the use of non-compete agreements in most employment relationships in the United States...more
4/26/2024
/ Chamber of Commerce ,
Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants
Many people are contemplating what to give their Valentine in a couple of weeks.
However, California employers that employed California persons under an agreement with a noncompete clause “no matter how narrowly...more
In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...more
For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers...more
Employers following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships may be relieved to learn that the FTC is not expected to vote on its...more
The Federal Trade Commission (FTC) proposed new Federal regulations to ban non-compete clauses from employment agreements nationwide. The ban will include non-solicitation and other restrictions that are currently designed to...more
The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more
5/11/2022
/ Antitrust Division ,
Antitrust Provisions ,
Civil Liability ,
Continuing Legal Education ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Hiring & Firing ,
Intellectual Property Protection ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
Webinars
In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer...more
President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements...more
7/12/2021
/ Anti-Competitive ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants
As enforcement of non-compete agreements and non-solicitation provisions have become more challenging in California, trade secret protection becomes more important to protect your company’s assets. In addition, due to the...more