The United States District Court for the Northern District of Texas last week issued an order and opinion granting a preliminary injunction staying the effective date for enforcement of the Federal Trade Commission’s (“FTC”)...more
On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact...more
On June 20, 2023, the New York Assembly passed a bill already passed by the Senate banning all post-employment noncompete agreements with workers. The bill is headed to Governor Kathy Hochul’s office for her approval....more
Many jurisdictions have recently passed legislation restricting the use of noncompetes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more
Many jurisdictions have recently passed legislation restricting the use of non-competes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements between an employer and a “worker,” which is broadly defined to encompass employees and independent contractors...more
The Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) passed by the D.C. Council over the summer will take effect on October 1, 2022, imposing new substantive and procedural restrictions on D.C. employers’ use...more
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1/19/2022
/ Criminal Investigations ,
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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age -
Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down -
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1/19/2022
/ Confidential Information ,
Cyber Attacks ,
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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age -
Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down -
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1/18/2022
/ Acquisitions ,
B2B Transactions ,
Competition ,
Confidentiality Agreements ,
Intellectual Property Protection ,
Mergers ,
Misappropriation ,
Non-Compete Agreements ,
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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age -
Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down -
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1/17/2022
/ Competition ,
Confidentiality Agreements ,
Employment Contract ,
Federal Labor Laws ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Restrictive Covenants ,
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State Labor Laws ,
Trade Secrets ,
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Earlier this year, Washington, D.C.’s mayor signed legislation, the “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), which imposes sweeping limitations on during-employment and post-employment non-compete...more
Late in December 2020, the District of Columbia Council passed legislation titled, “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), barring the use of non-compete agreements and workplace policies that...more
Kevin M. Passerini and Oliver R. Katz Pennsylvania law has long required that a restrictive covenant agreement be signed prior to or at the start of employment for it to be enforceable. By extension, Pennsylvania law has also...more
With the COVID-19 related increase in remote work, anxious employees are being increasingly targeted by cyber criminals and hackers with phishing scams, business e-mail compromise schemes, and malicious ransomware. At the...more
6/12/2020
/ Asset Management ,
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Business E-Mail Compromise (BEC) ,
Confidential Business Information (CBI) ,
Coronavirus/COVID-19 ,
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New Jersey Governor Phil Murphy has signed Senate Bill 121. This bill has two primary effects:
1. “A provision in any employment contract [(other than a collective bargaining agreement, which is excepted)] that waives any...more
We wrote an earlier post about the Third Circuit’s opinion in ADP, LLC v. Rafferty, et al., confirming courts’ blue penciling authority (see here); but the Third Circuit’s analysis of ADP’s two-tiered restrictive covenant...more
On April 26, 2019, the U.S. Court of Appeals for the Third Circuit weighed in on a pair of district court rulings which had denied ADP, LLC’s requests for preliminary injunctive relief against two former employees who ADP...more
As predicted in a previous post, New Jersey Governor Phil Murphy signed Senate Bill 121 last month. This bill has two primary effects:
“A provision in any employment contract [(other than a collective bargaining agreement,...more
Action Item: President Barack Obama is expected to sign a new law that will provide companies with a federal cause of action for trade secret protection claims. The Defend Trade Secrets Act of 2016 (“DTSA”) passed Congress...more