Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
Unfair Competition
This just in: Judge Ada Brown ruled yesterday on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary...more
8/21/2024
/ Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
6/12/2024
/ Chevron Deference ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Popular ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the...more
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more
4/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Trade Secrets
Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting;...more
Welcome, readers, to a significant moment in non-compete law. On Tuesday, April 23rd, at 2 p.m. Eastern Time, the Federal Trade Commission (FTC) will convene for a special virtual meeting to address non-compete agreements and...more
Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat....more
In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our...more
California has done it again!
We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more
10/19/2023
/ California ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
Seyfarth Synopsis: For employees looking to leave somewhere greener for somewhere warmer, California may now be climbing to the top of their list. On September 1, 2023, Governor Newsom signed legislation that extends...more
On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more
9/11/2023
/ California ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
As various states and federal agencies seek to prohibit or limit the use of non-competes, Connecticut joined the trend. Connecticut’s new legislation, SB 9, expands restrictions on the enforceability of physician non-competes...more
6/15/2023
/ Connecticut ,
Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Labor Reform ,
Non-Compete Agreements ,
Nurses ,
Physician Assistants ,
Physicians ,
Restrictive Covenants ,
State Labor Laws
There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. One such exception is the sale of business exception found in California Business & Professions Code § 16601....more
On May 14, 2019, Oregon Governor Kate Brown signed into law HB 2992, which, as of January 1, 2020, requires an employer to provide a terminated employee with a signed, written copy of his or her non-competition agreement...more
6/24/2019
/ Appeals ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
State and Local Government ,
State Labor Laws ,
Trade Secrets
Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees. Edwards simply reaffirmed California’s long-standing...more
6/7/2019
/ Contract Terms ,
Deferred Compensation ,
Denial of Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Forfeiture ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Retirement
There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging...more