A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
A Florida federal court became the second court in the nation Wednesday to rule that the Federal Trade Commission’s proposed ban on most non-compete agreements cannot be enforced. Chief Judge Timothy Corrigan, from the Middle...more
A Texas federal judge temporarily blocked the Federal Trade Commission from enforcing its final rule banning essentially all non-compete agreements – but the July 3 ruling only applies to the five entities in the suit. For...more
Minnesota businesses, including staffing agencies, will no longer be able to enter into contracts that restrict their customers from hiring workers placed at their jobsites thanks to a new law taking effect on July 1. But the...more
The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not...more
After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
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The Georgia Court of Appeals just made it significantly more difficult for employers to enforce employee non-solicitation provisions, which might require you to take immediate action to protect your company’s interests in...more
A recent report from Bloomberg Law indicated that the Federal Trade Commission’s vote to formally ban non-compete agreements in most employment agreements won’t take place until April 2024. While this delay could be welcome...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
When various news outlets reported last week that President Biden was considering using his executive authority to ban or limit the use of non-compete restrictions, all manner of speculation arose from employers across the...more
Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more
4/14/2017
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Enforceability ,
Exit Interviews ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Risk Mitigation ,
Trade Secrets
In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the...more
Although the Georgia appellate courts have not issued many decisions on the new restrictive covenant statute that went into effect on May 11, 2011, they do continue to issue decisions in the area of protecting confidential...more
It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state...more
President Obama is expected to sign the Defend Trade Secrets Act, which passed with overwhelming, bipartisan support in the House and Senate in recent weeks (and about which we will have a lot more to say in the coming days)....more
On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more
Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more
Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more