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Unfair Competition Corporate Counsel

Hogan Lovells

China tightens the screws on online unfair competition: new Provisions effective on 1 September 2024

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Following their publication on 6 May 2024 by the State Administration for Market Regulation (SAMR), China's new Interim Provisions on Anti-Unfair Competition on the Internet (in Chinese “网络反不正当竞争暂行规定”, the “Provisions”) will...more

Fisher Phillips

Breaking News: FTC’s Non-Compete Ban Struck Down For All Employers Nationwide

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A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more

Seyfarth Shaw LLP

Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

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In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Morgan Lewis

Federal Trade Commission Noncompete Clause Rule Litigation Update

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The Federal Trade Commission on April 23 approved a Final Rule banning almost all worker noncompete clauses (noncompete rule). Absent a court entering a nationwide injunction or vacating the rule, it is set to go into effect...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The Federal Trade Commission’s Noncompete Rule – Dead or Alive?

On May 7, 2024, the Federal Trade Commission (“FTC”) published its final rule (the “Rule”) broadly banning most noncompete provisions in employment-related agreements and preventing employers from enforcing them. The Rule...more

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

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The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Morrison & Foerster LLP

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

Orrick, Herrington & Sutcliffe LLP

Life After the FTC Non-Compete Ban: What Companies Should Know

In a novel and sweeping act of substantive rulemaking, the U.S. Federal Trade Commission (FTC) determined that non-compete agreements between employers and workers constitute an “unfair method of competition” prohibited under...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Jackson Lewis P.C.

Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement

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Stemming a tide of Delaware decisions closely scrutinizing and refusing to enforce non-compete agreements, Delaware’s Supreme Court held that forfeiture-for-competition provisions arising out of a Delaware limited partnership...more

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Littler

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

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2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

WilmerHale

States Continue Trend of Banning Employee Non-Competes

WilmerHale on

Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more

Dorsey & Whitney LLP

2023 China Trademark Legal and Practice Updates for Foreign Brand Owners

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In order to strengthen the protection of the intellectual property rights and improve the quality control of trademark prosecution and enforcement, China issued a number of new regulations and practice guidelines in late...more

Bond Schoeneck & King PLLC

A Ban For Some, But Not All: Exception to the FTC’s Proposed Ban on Non-Compete Clauses

The Federal Trade Commission (FTC) sent a shockwave through the corporate world on Jan. 5, 2023, when it released a proposed regulation banning non-compete clauses in all but extremely limited circumstances. The proposed...more

Latham & Watkins LLP

China Proposes Updates on Commercial Bribery Provisions in AUCL

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China’s SAMR published a draft amendment to the Anti-Unfair Competition Law, which overhauls the commercial bribery provisions for giving, instructing, and accepting bribes. Key Points: In summary, the proposed commercial...more

Hicks Johnson

A World Without Non-Competes? What the FTC’s Proposed Ban Means for In-House Counsel

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The non-compete—a clause that binds approximately one-fifth of all American workers—may soon be a thing of the past. New guidance from the Federal Trade Commission (FTC) threatens to abolish the use of non-compete clauses in...more

Ruder Ware

FTC’s Non-Compete Proposal: FAQ

Ruder Ware on

Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban.  Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s...more

Morgan Lewis

FAQs on Federal Trade Commission’s Proposed Rule Banning Worker Noncompete Clauses

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The Federal Trade Commission’s (FTC’s) January 5, 2023, notice of proposed rulemaking would ban businesses from entering into and maintaining noncompete clauses with workers. In this LawFlash, we answer several frequently...more

Seyfarth Shaw LLP

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

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As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with...more

Tarter Krinsky & Drogin LLP

FTC Seeks to Ban Non-Compete Agreements: What You Need to Know

On January 5, 2023, the Federal Trade Commission (FTC) proposed its long-awaited new rule banning non-compete agreements. This was an anticipated event after a July 9, 2021, executive order from President Biden that directed...more

Cranfill Sumner LLP

The Federal Trade Commission Announces Proposed Rule Eliminating Most Non-Compete Provisions in Employment Agreements

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On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements.  The move by the FTC comes one day after the agency announced enforcement...more

A&O Shearman

The FTC Sets its Sights on Noncompete Agreements, Launches First Major Standalone Section 5 Claims

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Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very...more

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