Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
Unfair Competition
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting;...more
Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns,...more
Nearly five years ago, the Massachusetts Noncompetition Agreement Act (“MNAA”, also sometimes abbreviated as the “MNCA”) went into effect. That statute ushered in new requirements for non-competes in the Bay State (including...more
On April 13, 2020, the Department of Justice’s Antitrust Division and the Federal Trade Commission’s Bureau of Competition released a joint statement and press release regarding “competition in labor markets” and potential...more
4/27/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Operators of Essential Services ,
Vertical Mergers ,
Wage-Fixing
On March 3, 2020, Massachusetts Premier Soccer LLC, doing business as Global Premier Soccer (“GPS”), filed a complaint in the US District Court for the District of Massachusetts, alleging that two of its former...more
3/17/2020
/ Anti-Competitive ,
Antitrust Provisions ,
Civil Conspiracy ,
Competition ,
Contests & Promotions ,
False Advertising ,
Lanham Act ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Soccer ,
Tortious Interference ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more
3/9/2020
/ Competition ,
Confidential Information ,
Confidentiality Agreements ,
Intellectual Property Protection ,
Inventions ,
Metadata ,
Misappropriation ,
Non-Disclosure Agreement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proprietary Information ,
Software ,
Trade Secrets
For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more
2/5/2020
/ Business Disputes ,
Competition ,
Confidential Information ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Employment Contract ,
Equitable Tolling ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Shareholders ,
Tolling Agreement ,
Trade Secrets ,
Written Agreements