News & Analysis as of

Former Employee Non-Solicitation Agreements

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

Mayer Brown on

In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Troutman Pepper

Preliminary Injunction Granted Against Former Employees of Wealth Management Firm

Troutman Pepper on

A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the...more

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

Mayer Brown

China: Restrictive Covenants

Mayer Brown on

AT A GLANCE - The only post-employment restrictive covenant explicitly stipulated under the People’s Republic of China’s (PRC) labour laws is the non-compete restrictive covenant. The employer and the employee may agree on...more

Fisher Phillips

Look Out for LinkedIn: Top Questions for Employers on How the Platform Impacts Your Workplace

Fisher Phillips on

LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

Holland & Knight LLP on

With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on

It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...more

Hendershot Cowart P.C.

How to Stop Former Employees From Stealing Your Clients

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

Bass, Berry & Sims PLC on

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Steptoe & Johnson PLLC

FTC Proposes A Blanket Ban On Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more

White & Case LLP

Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements

White & Case LLP on

The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more

Butler Snow LLP

FTC Issues Proposed Rule Banning Non-Compete Agreements

Butler Snow LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more

Bradley Arant Boult Cummings LLP

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more

Jackson Lewis P.C.

[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th,...

Jackson Lewis P.C. on

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day...more

Fisher Phillips

Will New Jersey Become the ‘Garden Leave’ State? Proposed Legislation Would Set Strict Rules for Non-Competes Including Full Pay...

Fisher Phillips on

New Jersey recently joined a growing number of states that have taken legislative efforts to significantly limit the enforceability of post-employment restrictive covenant agreements – such as non-compete and non-solicitation...more

Epstein Becker & Green

Reminder: Amendments to Colorado Noncompete Law Take Effect Today

Epstein Becker & Green on

As we have previously reported, the Colorado Assembly passed sweeping changes to the state’s noncompete law that, among other things, (1) set compensation floors for enforcement of both noncompetes ($101,250) and customer...more

Seyfarth Shaw LLP

Colorado Poised to Further Restrict Post-Employment Restrictions

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On August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased...more

Seyfarth Shaw LLP

New Jersey Introduces Proposed Legislation Limiting Use and Enforceability of Non-Compete and Non-Solicitation Agreements

Seyfarth Shaw LLP on

On May 2, 2022, the New Jersey Legislature introduced Bill A3715, adding to the growing number of states seeking to curtail the use of non-compete and non-solicitation agreements by employers. While passage of the bill is...more

Seyfarth Shaw LLP

Aesthetician’s Proactive Suit Puts a Wrinkle in Spa’s Attempts to Mar Her Reputation

Seyfarth Shaw LLP on

A Superior Court in Massachusetts has allowed an aesthetician’s lawsuit to proceed against her former employer after it sought to enforce her allegedly void restrictive covenant....more

Neal, Gerber & Eisenberg LLP

More Limits to Restrictive Covenants on the Horizon: What Multi-State Employers Need to Know

Recently enacted and pending state legislation confirms a marked shift toward limiting employers’ use of non-competition and non-solicitation covenants. Colorado’s new non-compete law, which imposes wide-ranging restrictions...more

Seyfarth Shaw LLP

New York Appellate Court Reverses Lower Court’s Denial of Preliminary Injunction and Enjoins Former Employee from Working with...

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On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment...more

Cooley LLP

Colorado’s New Limitations on Restrictive Covenants Take Effect in August 2022

Cooley LLP on

Effective August 10, 2022, Colorado employers will need to comply with significant new limitations on noncompete agreements and other post-termination restrictive covenants. The Colorado legislature passed House Bill 22-1317,...more

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