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Mayer Brown

Germany: Restrictive Covenants

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AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Epstein Becker & Green

Should Employers Continue to Enter into Noncompetes with New Hires or Other Employees?

Epstein Becker & Green on

Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Epstein Becker & Green

#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on

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

Fox Rothschild LLP

National Survey on Restrictive Covenants - Updated 2023

Fox Rothschild LLP on

As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

New York’s Bill Banning Noncompetes

Following the Federal Trade Commission’s (FTC) proposed ban on noncompetes and the General Counsel of the National Labor Relations Board’s internal memo opining that most noncompetes violate the National Labor Relations Act,...more

Latham & Watkins LLP

New Minnesota Law Bans Most Post-Employment Non-Competes: 6 Key Takeaways

Latham & Watkins LLP on

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

Cooley LLP

Crossing the Atlantic: Comparison of US and UK Employment Concepts

Cooley LLP on

For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond. Below,...more

Orrick, Herrington & Sutcliffe LLP

Critical Full Service Restrictive Covenant Compliance: Orrick’s State-by-State Survey

We are seeing a steep increase in restrictive covenants legislation across the country with laws and enforceability widely varied from state to state. So how do companies that have seen their workforce distributed in more...more

Bennett Jones LLP

Demise of the Restricted Covenant?

Bennett Jones LLP on

Recent amendments to the Employment Standards Act, 2000 (Ontario) and the Competition Act (Canada) may be sounding the death knell for certain restricted covenants in Ontario—both non-competition covenants given by employees,...more

Bennett Jones LLP

Why Ontario Employers Should Review Employment Contracts Now

Bennett Jones LLP on

Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...more

Fisher Phillips

3 Key Reminders to Ensure Your Non-Compete Agreements are Effective and Enforceable in 2022

Fisher Phillips on

Employers routinely rely on restrictive covenants, such as non-compete agreements and non-solicitation agreements, to remain competitive and protect important confidential information and trade secrets. However, in the past...more

Bennett Jones LLP

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

Bennett Jones LLP on

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Ruder Ware

Protecting the Farm: Employment Considerations

Ruder Ware on

“Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential...more

FordHarrison

Non-Compete News: Federal Court in Georgia Finds Customer Contact Information May Be a Trade Secret, Interprets Customer and...

FordHarrison on

In Tanium v. Yago et al., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant...more

Epstein Becker & Green

Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022

Epstein Becker & Green on

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

Burr & Forman

Federal Regulators Taking Aim at Anti-Competitive Employment Practices

Burr & Forman on

Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. These restrictive covenants come in three forms: “non-competition,” “non-solicitation,” and...more

FordHarrison

Non-Compete News: Illinois Legislature Changes the Game on Non-Compete Agreements

FordHarrison on

It’s no secret that Illinois courts have historically been less than friendly to restrictive covenants, and non-compete agreements in particular. On August 13, 2021, Governor JB Pritzker signed into law Public Act 102-0358,...more

FordHarrison

Non-Compete News: No-Hire Provisions Under the Georgia Restrictive Covenants Act

FordHarrison on

Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more

Littler

Colorado Court Decides Issue of First Impression on Restrictive Covenants

Littler on

The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more

Schwabe, Williamson & Wyatt PC

New Requirements for Noncompetition Agreements in Oregon and Washington

Employers with noncompetition agreements in Oregon and Washington must take note of the changes enacted by the legislature in both states. Noncompetition provisions are restrictive covenants, which can appear on their own in...more

Coblentz Patch Duffy & Bass

Another Warning Shot On Employee Nonsolicit Agreements

It’s time to take another hard look at whether it’s worth it for employers to ask their departing employees not to recruit anyone away after they leave. Nobody wants their former employees to raid the ranks of their current...more

FordHarrison

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

FordHarrison on

Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more

Parker Poe Adams & Bernstein LLP

California Nixes Employee Non-Solicitation Restrictions

Employers with California operations probably know that traditional noncompetition covenants are unenforceable in that state. Additional state court decisions concluded that customer non-solicitation prohibitions are also...more

Robinson+Cole Manufacturing Law Blog

Non-Compete Cautionary Tale

A recent court decision underscores the need for manufacturers to exercise caution when seeking to impose Post-Employment Restrictions on key employees....more

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