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Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Jones Day

JONES DAY PRESENTS®: Employer Options in a Non-Noncompete World

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Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. The U.S. Federal Trade Commission's final rule, which broadly prohibits the...more

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Wyrick Robbins Yates & Ponton LLP

State of Confusion: The Complex Present and Uncertain Future of Employee Non-Compete Agreements

It seems like a simple question: Is the covenant not to compete in my employment agreement enforceable?  The answer is much more complex and uncertain than you might think....more

Epstein Becker & Green

Noncompetes Remain Enforceable in Maine Following Governor’s Veto That Recognizes the Importance of Noncompetes by Employers

On March 29, 2024, Maine Governor Janet T. Mills vetoed a bill that would have banned all employee noncompete agreements in the State of Maine.  Both chambers of the Maine legislature passed L.D. 1496, An Act to Prohibit...more

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

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On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

Weintraub Tobin

California Employment News: Top Developments in Wage and Hour Law for 2024 (Podcast)

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From minimum wage laws to confidentiality agreements, there have been several legal updates over the past year that apply to most CA employers. Lukas Clary and Ryan Abernethy break down five top developments in wage and hour...more

Weintraub Tobin

California Employment News: Top Developments in Wage and Hour Law for 2024

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From minimum wage laws to confidentiality agreements, there have been several legal updates over the past year that apply to most CA employers. Lukas Clary and Ryan Abernethy break down five top developments in wage and hour...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Akerman LLP - HR Defense

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit...more

Manatt, Phelps & Phillips, LLP

California’s Valentine’s Day Surprise: Chocolates, Flowers and . . . Noncompete Notices?

While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law....more

Nelson Mullins Riley & Scarborough LLP

New Year Brings Extension of California’s Ban on Non-Competes

On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024.  New Section...more

Epstein Becker & Green

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

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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

Epstein Becker & Green

New York Governor: “Balance” Is Needed on Noncompete Bill

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As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more

Epstein Becker & Green

#WorkforceWednesday: Restrictive Covenants Around the World - Challenges for Multinational Employers - Employment Law This Week® -...

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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

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

Epstein Becker & Green

California Amends Noncompete Law (Again) and Adds a Notice Requirement

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California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances....more

Littler

California’s Non-Compete Shakeup

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California enacted two new bills expanding the scope and consequences of the state’s policies against restrictive covenants.  Governor Newsom signed Senate Bill 699 into law on September 1, 2023, and Assembly Bill 1076 into...more

Allen Matkins

Will California's New Statute Invalidating Non-Compete Agreements Be Subject To Constitutional Challenge?

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Article I, Section 10 of the United States Constitution prohibits a state from passing any law impairing the obligation of contracts.  A similar prohibition is found in Article 1, Section 9 of the California Constitution. ...more

Epstein Becker & Green

California Expands Noncompete Restrictions

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This year, California was one of many states to enact legislation restricting noncompetes.  California has long had the strictest noncompete law, and employee noncompetes are already void under California Business and...more

Manatt, Phelps & Phillips, LLP

Will New York Ban Noncompetes?

Jumping on the anti-noncompete bandwagon, the New York legislature has passed a measure banning noncompete agreements in the state. Senate Bill S3100A prohibits employers from “seeking, requiring, demanding or accepting”...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

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

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Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

Seyfarth Shaw LLP

Questions Remain Regarding Adequate Consideration under Illinois’ Freedom to Work Act

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On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in...more

Epstein Becker & Green

Reminder: Minnesota Non-Compete Ban Takes Effect on Saturday, July 1

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As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes.  The state’s new law renders void and unenforceable all covenants not to...more

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