This week, we’re examining the repercussions for employers of a recent court decision that set aside the Federal Trade Commission’s (FTC’s) nationwide non-compete ban:
On August 20, 2024, the U.S. District Court for the...more
This week, on our Spilling Secrets podcast series, our panelists discuss the current state of the Federal Trade Commission’s (FTC’s) nationwide non-compete ban amid ongoing legal challenges:
The FTC’s ban on non-competes...more
This week, on a special episode of our Spilling Secrets podcast series, we break down the Federal Trade Commission’s (FTC’s) purported nationwide non-compete ban and discuss what’s on the horizon for employers:
On April 23,...more
We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete...more
4/26/2024
/ Chamber of Commerce ,
Competition ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
As expected, the Federal Trade Commission (FTC) voted 3-2 yesterday to issue its final noncompete rule, with only a few changes from the proposed rule that are discussed below. Unless it is enjoined, which we expect, the rule...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we take a deeper look at trade secrets and non-compete cases in the wide world of sports:
As college basketball...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Most restrictive covenant disputes are resolved out of court. However, what about the restrictive...more
For the last decade, one of the biggest issues in Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more
The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 p.m. ET, to discuss its proposed nationwide noncompete ban. The forum is intended to supplement the...more
As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning noncompetes nationwide by an additional 60 days....more
As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban noncompetes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many...more
1/19/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The holidays are over, and year-end bonuses are being paid, making January and the first quarter a...more
On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....more
1/10/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
An employer often overlooks training employees on what their restrictive covenant means and how to honor...more
9/21/2022
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Former Employer ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets
The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country.
Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more
3/3/2022
/ Administrative Feasibility ,
Choice-of-Law ,
Confidentiality Agreements ,
Contract Drafting ,
Employment Contract ,
Forum Selection ,
Garden Leave ,
Hiring & Firing ,
Multistate Employers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Webinars
Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...more
Welcome to #WorkforceWednesday. This week, we look at the restriction and legislation of non-compete agreements.
The Future of Non-Compete Agreements
The restriction and legislation of non-compete agreements is gaining...more
The nation is beginning to see the light at the end of the pandemic tunnel. Employees who have been working from their kitchen tables for 12 months are starting to look toward greener pastures. Protecting against the risks of...more
5/6/2021
/ Competition ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Risk Mitigation ,
Trade Secrets ,
Webinars