As expected, the Federal Trade Commission (FTC) voted 3-2 yesterday to issue its final noncompete rule, with only a few changes from the proposed rule that are discussed below. Unless it is enjoined, which we expect, the rule...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry:
Restrictive covenants are...more
In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses,...more
2/1/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Forfeiture Statutes ,
Former Employee ,
Incentive Compensation ,
Non-Compete Agreements ,
Partnership Agreements ,
Reasonableness Factors ,
Trade Secrets
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more
As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more
11/30/2023
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has...more
As we have previously discussed, the National Labor Relations Board’s General Counsel is seeking to invalidate noncompete agreements on the untested legal theory that they violate the National Labor Relations Act. The NLRB...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Most restrictive covenant disputes are resolved out of court. However, what about the restrictive...more
As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more
7/5/2023
/ Clean Air Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Debt Forgiveness ,
Environmental Protection Agency (EPA) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Higher Education Act ,
Non-Compete Agreements ,
Rulemaking Process ,
SCOTUS ,
Student Loans ,
Trade Secrets ,
U.S. Commerce Department ,
West Virginia v EPA
On June 21, 2023, the Federal Reserve Bank of Minneapolis issued a report entitled “New data on non-compete contracts and what they mean for workers” that calls into question the assumptions made by the Federal Trade...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The holidays are over, and year-end bonuses are being paid, making January and the first quarter a...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In...more
It’s no secret that the U.S. Postal Service (USPS) has been struggling financially for well over a decade. One means of combatting its struggles has been to contract with third-party resellers to market USPS services and...more