This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Human capital often drives the value of merger and acquisition (M&A) deals in the health care industry....more
Christine Wilson, the only remaining Republican Commissioner of the Federal Trade Commission (FTC), published an Op-Ed in the Wall Street Journal today in which she announced her resignation from the FTC and explained her...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more
The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 p.m. ET, to discuss its proposed nationwide noncompete ban. The forum is intended to supplement the...more
Senators Chris Murphy (D-CT) and Todd Young (R-IN) introduced legislation on February 1, 2023 entitled the Workforce Mobility Act (the “Act”). This bill has been introduced previously, but never made it out of committee....more
As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning noncompetes nationwide by an additional 60 days....more
As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban noncompetes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many...more
1/19/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
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
“Practices that three unelected bureaucrats find distasteful will be labeled with nefarious adjectives and summarily condemned, with little to no evidence of harm to competition. I fear the consequences for our economy, and...more
On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....more
1/10/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....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
Perhaps we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” 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.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
An employer often overlooks training employees on what their restrictive covenant means and how to honor...more
9/21/2022
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Former Employer ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets
As our antitrust colleagues explained recently, on August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010. Readers...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees,...more
As we have previously reported, the Colorado Assembly passed sweeping changes to the state’s noncompete law that, among other things, (1) set compensation floors for enforcement of both noncompetes ($101,250) and customer...more
As readers of this blog likely know, many states have entirely different statutory schemes for noncompetes in the healthcare industry. Indeed, while 47 states generally permit noncompetes, more than a dozen expressly prohibit...more
Despite the Supreme Court’s recent 6-3 ruling in West Virginia v. EPA that regulatory agencies must have “clear congressional authorization” to make rules pertaining to “major questions” that are of “great political...more
This week, we introduce Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law.
If you're hiring from a competitor amid the Great Resignation, one of your top priorities is not...more
As we previously reported, the Colorado General Assembly passed a bill in May making substantial amendments to Colorado’s noncompete statute, C.R.S. § 8-2-113. Governor Jared Polis signed the bill on June 8, 2022, meaning the...more
Several states over the past few years have passed legislation prohibiting the use in noncompete agreements (and other employment-related agreements) of out-of-state choice-of-law and forum selection provisions. A few of...more
As readers of this blog are aware, many states now require employers to provide prospective employees with copies of any noncompetes (and, in some cases, other restrictive covenants) they will be required to sign as a...more
You don’t hear much positive news these days about noncompete agreements. Instead, most national media outlets take cases of extreme abuse and frame them as the norm instead of the outliers that they are. And the national...more