Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20. The Federal Trade Commission’s (FTC) final non-compete rule, which seeks...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission (FTC) by a vote of 3-2 approved and issued its final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). The final rule is...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more
Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act. GC Memo 23-08 did not expressly condemn...more
On May 30, 2023, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. In the memorandum, Abruzzo urges the National Labor Relations Board to...more
On January 5, 2023, the Federal Trade Commission published a proposed rule that, if it became final, would ban all non-compete agreements with limited exceptions. The rule would go into effect 60 days after it becomes final,...more
In the last 10 years, states across the country have passed measures imposing new requirements and restrictions on employers wishing to use non-compete agreements with their workforces. In 2016, Illinois enacted the Freedom...more
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more
In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners. Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to...more
7/16/2019
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more
2/11/2019
/ Antitrust Provisions ,
Confidentiality Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Misappropriation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Trade Secrets ,
Uniform Trade Secrets Acts
The recently-enacted Massachusetts Noncompetition Agreement Act (“Act”) provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018. ...more
After years of negotiation, on July 31, 2018, the Massachusetts legislature finally was able to pass legislation that, if signed by Governor Charlie Baker, would significantly limit the enforceability of noncompetition...more
On July 14, 2015, the U.S. Court of Appeals for the Seventh Circuit decided Instant Technology, LLC v. DeFazio. The decision was widely expected to address the current split in the Northern District of Illinois on whether two...more