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Trade Secrets | Noncompetes

April 15, 2021

19 States with 55 Noncompete Bills: Minnesota

So far this year, there have been 59 noncompete bills pending in 23 states1 — excluding the two pending federal noncompete bills, D.C.’s new law to ban most noncompetes, and any proposed bills that are circulating, but have not yet been filed. Four bills have already died — each in a state that had only one pending bill — leaving the current tally at 55 bills pending in 19 states. Today’s post covers the four bills pending in Minnesota.

April 14, 2021

19 States with 55 Noncompete Bills: Louisiana

Three and half months into 2021, and there have been 59 bills pending in 23 states (not counting 2 federal bills, a new DC law, or any proposed bills that are circulating, but have not yet been filed). Four bills have already died — each in a state that had only one pending bill — leaving the current tally at 55 bills pending in 19 states. Today’s post covers the two bills pending in Louisiana.

April 1, 2021

19 States with 53 Noncompete Bills: Connecticut – Update – Another Bill to Ban Physician Noncompetes

When I started this series (a bit over two weeks ago), there were 45 noncompete bills pending in 21 states. There are now 53 bills pending in 19 states. Connecticut’s newly filed (10th – yes, 10th) bill is another proposed ban on physician noncompetes.

March 24, 2021

21 States with 45 Pending Noncompete Bills: Connecticut – Update – One More Homemaker, Companion Services Bill

When I started this series (just 10 days ago), Connecticut had eight noncompete bills. It now has one new bill — another proposed change to noncompetes for homemaker-companion agencies, registries, and providers of home health services.

March 22, 2021

21 States with 45 Pending Noncompete Bills: Iowa

There are currently 45 state bills pending to modify noncompete law across 21 states — as well as two new federal bills, President Biden’s plan to limit the use of noncompetes, and the FTC’s consideration of regulatory limitations. Iowa has two pending bills.

March 20, 2021

21 States with 45 Pending Noncompete Bills: Illinois

There are currently 45 state bills pending to modify noncompete law across 21 states — as well as two new federal bills, President Biden’s plan to limit the use of noncompetes, and the FTC’s consideration of regulatory limitations. Iowa has significant legislative activity, including five publicly filed bills.

March 17, 2021

Senator Chris Murphy Pitches a Ban on Noncompetes During a Senate Confirmation Hearing

With all of the changes at the state level (45 bills in 21 states, plus D.C.’s near-total ban, which is, as of yesterday, now officially adopted and pending funding, likely in the fall, it seems), the federal efforts — spearheaded by Senator Chris Murphy — continue to inch forward. During the Senate the confirmation hearing of Julie Su (currently the Secretary of the California Labor and Workforce Development Agency) for the position the Deputy Labor Secretary, Senator Chris Murphy reminds us that his bill to ban noncompetes is still in the works — and that, ultimately, he expects the FTC to regulate noncompetes.

March 16, 2021

21 States with 45 Pending Noncompete Bills: Georgia

45 state bills to modify noncompete law are pending across 21 states. In this series, we cover all 45 bills (and any new ones that are filed) — and will be simultaneously updating our Changing Trade Secrets | Noncompete Laws page. Today’s installment is about Georgia’s bill.

March 14, 2021

21 States with 45 Pending Noncompete Bills: Connecticut

45 state bills to modify noncompete law are pending across 21 states. Sixteen of them propose to follow the trend of banning noncompetes for so-called “low-wage workers” (however that may be defined) and four propose total bans of employee noncompetes. In this series, we will be providing details on all 45 bills (and any new ones that are filed) — and we will be simultaneously updating our Changing Trade Secrets | Noncompete Laws page. Today’s installment covers the eight Connecticut bills.

March 13, 2021

Fairly Competing, Episode 4: Protecting Trade Secrets – More Hot Issues

Episode 4 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss two additional hot topics in trade secret and noncompete law, particularly during COVID-19: protecting trade secrets through technologies like Zoom and the importance of exit interviews and how to manage the departure of remote workers.

February 27, 2021

Fairly Competing, Episode 3: Protecting Trade Secrets – Hot Issues

Episode 3 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss employee surveillance and protecting legitimate business interests when an employee’s employment is terminated without cause.

February 26, 2021

New Edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants Now Out!

I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants, is now out!

February 26, 2021

Déjà vu all over again: The Workforce Mobility Act Redux

Another Congress, another federal noncompete bill: Four Senators and one Congressman have reintroduced a federal bill to ban all employee noncompetes.

February 4, 2021

Quick Update: D.C.’s Proposed Noncompete Ban Is Projected for March 19

As you may remember, the D.C. Council voted in December 2020 to ban noncompetes (in most instances) in the District. Well, it’s projected to become law (pending Congress’s approval) on March 19. If the bill goes through, it requires immediate affirmative conduct and carries potentially hefty fines for violations.

January 30, 2021

Montana allows noncompetes! (Only California, Oklahoma, and North Dakota don’t.)

People occasionally say that Montana prohibits employee noncompetes. It does not. Though the case law is relatively sparse, it is clear that Montana – unlike California, Oklahoma, and North Dakota – permits the use of narrowly tailored noncompetes.  

January 23, 2021

Fairly Competing – Episode 2: The Basics of Noncompete Law, and What Lies Ahead

Episode 2 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I explain what noncompetes and other restrictive covenants are, how they are enforced, how the laws have been changing, and what legislative and regulatory changes companies and employees can expect to see on both the state and federal levels in the near … Continue reading Fairly Competing – Episode 2: The Basics of Noncompete Law, and What Lies Ahead

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