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Delaware Supreme Court Rejects “Reasonableness” Test for Forfeiture-for- Competition Provisions

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

New York Legislature Passes Non-Compete Ban

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

Non-Compete Agreements Declared Unlawful By NLRB General Counsel

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

FTC Proposes Ban on Non-Competes: What Employers Need to Know

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

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