On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more
1/9/2023
/ Competition ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
New Rules ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
Recently, two different courts reached two different results in determining whether employees’ LinkedIn postings amounted to a solicitation in contravention of a nonsolicitation agreement. In Bankers Life & Cas. Co. v. Am....more
In November 2017, the Tennessee Court of Appeals upheld a Nashville trial court’s determination that a former employee violated his noncompete agreement by managing employees who solicited competing business in the restricted...more
Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to...more
Originally published in the ABA Journal of Labor & Employment Law - Volume 28, Number 1, Fall 2012.
I. Introduction -
"I didn't solicit them; they approached me." That is a common defense invoked by someone accused...more