The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act.
In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule...more
Employers should take stock of restrictive covenant agreements that their current and former workforce have signed and which remain in effect.
California recently passed two laws amending Section 16600 of the California...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Minnesota has enacted one of the strictest state non-compete laws in the US, banning almost all post-termination non-competes between employers and their employees and between employers and certain independent contractors...more
6/8/2023
/ Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition.
On January 5, 2023, the Federal Trade Commission (FTC) issued a...more
Employers should review their form agreements and practices to determine what modifications may be required to comply with new restrictions in Illinois, Oregon, Nevada, and Washington, D.C.
Key Points:
..Effective...more
In passing the Ban on Non-Compete Agreements Amendment Act of 2020, Washington, D.C., joins California and a handful of other states in prohibiting virtually all non-competes. Key Points:
..The Act invalidates...more
Latham & Watkins New York partner Bradd Williamson, Global Chair of Latham’s Benefits, Compensation & Employment Practice, and Chicago counsel Nineveh Alkhas discuss recent trends in non-compete law in certain states and what...more
The new state law reflects a trend among other states including New Hampshire, Maine, Maryland, Oregon, and Rhode Island to enact noncompetition legislation.
Key Points:
Under Washington State’s new noncompetition law,...more
A new Massachusetts law significantly limits when and with whom an employer can enforce a noncompetition agreement entered into on or after October 1, 2018.
On August 10, 2018, Massachusetts Governor Charlie Baker signed...more