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Is Franchising Doomed?
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VIDEO: Will Pending Federal Covid-19 Legislation Preempt Longstanding State Laws Regarding the Burden of Proof in Workers’ Compensation Claims?
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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more
The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo...more
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more
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
A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more
Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign...more
Earlier this month, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in the state. Now, yet another state, Minnesota, has...more
The New York State Assembly on June 20, 2023, passed Bill A01278, amending the New York Labor Code and prohibiting covenants not to compete, with certain notable exceptions, while also giving covered individuals the right to...more
The Rhode Island legislature recently moved two bills forward that would limit employers’ use of restrictive covenants with employees. On June 19, 2023, the Rhode Island House of Representatives passed a bill, Senate Bill (S)...more
A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York. Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more
On June 20, the New York State Assembly passed Bill A1278B, which, together with New York State Senate’s passage of identical legislation, Bill 3100A earlier this month, would render all non-compete agreements signed or...more
On June 20, 2023, the New York State Assembly approved one of two bills concerning non-compete agreements that the New York State Senate just recently passed. Bill No. S3100A, which would prohibit employers from using...more
On May 17, 2023, the Minnesota state legislature passed an omnibus jobs and economic development and labor funding bill that could have serious implications for employers in the state, including a ban on noncompete clauses,...more
Minnesota is set to ban noncompete provisions in employment contracts as part of a new omnibus bill headed to Governor Tim Walz’s desk. The bill will have a significant impact on Minnesota employers by banning true employment...more
Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more
Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445). President Biden is expected to sign the bill into law shortly. ...more
Recently, the Illinois General Assembly passed legislation significantly amending the Illinois Freedom to Work Act, which governs the legality and enforceability of non-compete agreements and other post-employment restrictive...more
Die Möglichkeit zur vorzeitigen Kündigung von langfristigen Mietverträgen bei Verstößen gegen die gesetzliche Schriftform schafft seit vielen Jahren erhebliche Rechtsunsicherheiten und Unfrieden für Immobilieninvestoren,...more
After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more
Assembly Bill 749 is an unnecessary law that will only serve to incentivize more lawsuits between former employees and employers. Effective on January 1, 2020, AB 749 will prohibit an agreement to settle an employment dispute...more
Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while...more
Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more
Maine, Maryland, New Hampshire, Washington and Rhode Island have recently joined the growing ranks of states that prohibit non-competes with lower income workers, reflecting a growing public policy concern regarding fairness...more
The Texas legislature recently passed House Bill 2845 modifying Section 301 of Title 6 of the Texas Utilities Code to impose statutory decommissioning requirements on any person (“Wind Developer”) that leases property from a...more