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Confidential Information Non-Disclosure Agreement Restrictive Covenants

Baker Donelson

Top Developments in Trade Secret Law

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In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Winstead PC

Key Considerations in Review of NDAs as a Buyer

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When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more

Mandelbaum Barrett PC

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

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Introduction - On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”)....more

Burr & Forman

Protecting Confidential Intellectual Property in the Wake of the FTC’s “Final Rule” Against Non-Competition Provisions

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As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the...more

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

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As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Balch & Bingham LLP

Looking for Certainty: Protection From Competition Following the FTC’s Rule Banning Non-Compete Clauses

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On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) approved a final Non-Compete Clause Rule (“Rule”) banning as unfair competition all non-compete provisions entered with workers on or after the effective date...more

Adams and Reese LLP

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

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The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition...more

Nilan Johnson Lewis PA

My Mom is a Client. When I Move Firms, Can I Wish Her Happy Birthday? How Restrictive Covenants and Trade Secret Laws Can Impact...

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We defend many financial advisory firms and individuals in restrictive covenant and trade secret litigation. When an advisor moves from one firm to another, we help manage legal risk, and, if necessary, defend against the...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Littler

SEC Continues to Attack Non-Disclosure Agreements and Personnel Policy Provisions that Could Impede Employees from Reporting...

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The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more

A&O Shearman

New York State Poised to Ban Non-Competes

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On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York...more

Holland & Hart LLP

No More Non-Competes

Holland & Hart LLP on

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Seyfarth Shaw LLP

2022 Trade Secrets Webinar Series: Takeaways & Recordings

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Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This...more

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

Ward and Smith, P.A. on

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Willcox & Savage

Wait, Why Am I Signing this NDA Again? The Basics of Confidentiality Agreements

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NDAs are everywhere in M&A and other commercial transactions, but disclosing parties occasionally forget the original reasons for signing an NDA and, as a result, key clauses may be dropped. An occasional refresher on NDA...more

Seyfarth Shaw LLP

Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

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Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes...more

PilieroMazza PLLC

Non-Compete Agreements: What Employers and Healthcare Providers Should Know

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Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small...more

Jackson Lewis P.C.

Florida Decision Highlights Strategy for Immediately Appealing Denial of Temporary Injunction

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In many non-compete cases, the employer seeks a temporary injunction at the outset of the case to prevent further harm. If the employer loses that motion, the case usually settles or proceeds to discovery as in a standard...more

Stoel Rives - World of Employment

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015).  Senate Bill 169, which Governor Brown signed into law...more

Sheppard Mullin Richter & Hampton LLP

Employee Confidentiality Provisions: Overbreadth Can Lead to Under-Protection

Confidentiality and non-disclosure provisions in employment agreements can be a meaningful measure to help companies protect valuable intellectual property, including trade secrets. This article addresses certain important...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Littler

A Rare Occurrence: California Court Overturns Arbitrator’s Award

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California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more

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