Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns,...more
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
In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a...more
Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more
8/19/2020
/ At-Will Contracts ,
Business & Professions Code ,
Business Disputes ,
CA Supreme Court ,
Cartwright Act ,
Collaboration ,
Competition ,
Employment Contract ,
Franchise Agreements ,
Motion to Dismiss ,
Non-Compete Agreements ,
Tortious Interference ,
Unfair Competition Law (UCL) ,
Wrongful Acts
In Seyfarth’s first installment in its 2020 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan, Jesse Coleman, and Joshua Salinas reviewed the noteworthy legislation, cases, and other legal developments from...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more
2/27/2020
/ Confidentiality Policies ,
Conflicts of Interest ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employment Contract ,
Employment Litigation ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FOIA ,
Forum Selection ,
Fraud and Abuse ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Minimum Wage ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Sherman Act ,
State Attorneys General ,
State Labor Laws ,
Trade Secrets ,
UK ,
Wage and Hour
Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more
1/24/2020
/ Antitrust Provisions ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Job Applicants ,
Low-Wage Workers ,
Non-Compete Agreements ,
Public Workshops ,
Restrictive Covenants ,
Rulemaking Process ,
Sherman Act ,
UDAP
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
A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more
4/3/2019
/ Breach of Contract ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
Throughout 2018, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing...more
On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more
11/14/2018
/ Attorney's Fees ,
Breach of Contract ,
Confidentiality Agreements ,
Corporate Counsel ,
Declaratory Relief ,
Employment Contract ,
Employment Litigation ,
Misappropriation ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Nurses ,
Popular ,
Staffing Agencies ,
Summary Judgment ,
Trade Secrets ,
Traveling Employee ,
Unfair Competition
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
Do you have workers in Pennsylvania? If so, do you ask them to sign non-competes after they have already been employed with your company for some appreciable time? If you do, you may be obligated to provide them with...more
Hawaii joined the small list of states that prohibit certain non-compete agreements with employees.
On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more
Hawaii joined the small list of states that prohibit certain non-compete agreements with employees.
On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more