On August 20, 2024, the Northern District of Texas issued its final ruling in Ryan, LLC. v. FTC on the merits of cross-motions for summary judgment, contesting the legality of the Federal Trade Commission’s (“FTC”)...more
On July 23, 2024, the Pennsylvania Eastern District Court upheld the Federal Trade Commission’s (FTC) Non-Compete Clause Rule (“Rule”), issued in April 2024 to prohibit most employee non-compete agreements. Earlier this...more
July 3rd, the Northern District of Texas issued a ruling regarding the Federal Trade Commission’s (FTC) Non‑Compete Clause Rule (“Rule”), which was set to prohibit most employee non‑compete agreements. In Ryan, LLC. v. FTC,...more
On April 23, 2024, the Federal Trade Commission (FTC) adopted a Non‑Compete Clause Rule (the “Rule”) prohibiting most employee non‑compete agreements as unfair methods of competition by a vote of 3 to 2. The Rule is a...more
Last week, the Delaware Supreme Court reversed a Chancery Court decision that we wrote about previously, which invalidated a forfeiture-for-competition provision as an unreasonable restraint of trade. The Ainslie et al. v....more
Employers take note: a series of recent developments could impact employment agreements across the country.
SB 699: A New Addition to California Non-Compete Law-
Under California Business and Professions Code Section...more
10/9/2023
/ Assignment of Inventions ,
California ,
Collaboration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Memorandum of Understanding ,
New York ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
State Labor Laws ,
Unenforceable Contract Terms ,
Wage and Hour
On May 24, 2023, Minnesota Governor Tim Walz signed into law a bill banning nearly all post-termination non-compete agreements with employees and independent contractors. With the signing of the bill, Minnesota became the...more
On June 7, the New York Senate, by a vote of 40-21, passed a prohibition on non-compete agreements in a modified bill, 3100-A (“Bill”). On June 20, 2023 the New York State Assembly passed the Bill by a vote of 95-52. The Bill...more
On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued GC Memorandum 23-08, asserting that non-compete agreements generally violate the National Labor Relations Act. Much like the...more
The Delaware Chancery Court recently invalidated restrictive covenants in a limited partnership agreement, finding the covenants to be “facially overbroad” and declining to “blue pencil” those provisions. Significantly, the...more
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation that would ban non-compete agreements between workers and employers, with some limited exceptions (the “Proposed Rule”). The Proposed...more