Our 50-state (plus DC) chart of noncompete laws has been updated for Illinois’ and Nevada’s recent amendments to their noncompete laws. It is available here.
Nevada too has modified its noncompete law. Effective October 1, 2021, among other things, noncompetes cannot be used for hourly workers and employers will be at risk of paying attorney’s fees for violating certain aspects of the law.
Two new noncompete laws in the past week or so: Illinois and Nevada. Discussed below, Illinois will have a completely overhauled noncompete law starting in January 2022 and Nevada will have tweaks to its law starting in October of this year.
The Supreme Court’s decision in Van Buren is out. The Court took a narrow view on the scope of the CFAA, resolving key aspects of the circuit split, and eliminating the concern that every breach of fiduciary duties by an employee or violation by an employee of the terms of their employer’s computer use policy can be a criminal act.
As regular readers of this blog know, I focus on providing content and rarely suggest programs to attend. However, given that CLE programs are still remote and can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs. Take a look.
Our 50-State (plus DC) chart of noncompete laws has been updated for Oregon’s recent amendment. It is available here.
Oregon is back in the news! New Hampshire’s bills, which were supposed to be next in this series, will have to wait. About three weeks ago, I told you that Oregon had three pending noncompete bil...
Episode 7 of Fairly Competing is out, and it’s a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issu...
Are you sure your company is taking reasonable measures to protect the information it claims is a trade secret? Vicki Cundiff (of Paul Hastings), Mark Whitaker (of Morrison & Foerster), an...
If you’ve been following along, you know that there have been 65 noncompete bills in 25 states so far this year1 — excluding the two pending federal noncompete bills, D.C.’s new law to ban mo...
Missouri at last! But, before turning to it, for those keeping count, there have been 65 noncompete bills in 25 states so far this year1 — excluding the two pending federal noncompete bills, D....
So far this year, there have been 65 noncompete bills pending in 25 states — 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. Five bills have died — leaving the current tally at 59 noncompete bills still pending in 21 states. Today’s post covers the three bills pending in Oregon.
This episode is a departure from our usual. The program is part one of the Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John Marsh, Ben Fink, and I were panelists along with Dr. Stephanie Demperio and Vicki Cundiff.
So far this year, there have been 65 noncompete bills pending in 25 states — 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. Five bills have died — leaving the current tally at 59 noncompete bills still pending in 21 states. Today’s post covers the three bills pending in New York, including New York’s late-breaking proposal to ban virtually all noncompetes.
The Business Litigation Session (the “BLS”) of the Massachusetts Superior Court just issued a decision on the scope of preemption under Massachusetts “new” (effective October 1, 2018) trade secret law, the Massachusetts Uniform Trade Secrets Act (sometimes referred to as “MUTSA,” and other times as “MTSA”). See what it says.
So far this year, there have been 64 noncompete bills pending in 25 states — 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. Five bills have died — leaving the current tally at 59 noncompete bills still pending in 21 states. Today’s post covers the four bills pending in Massachusetts.
Episode 5 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the “Unicorn Case” and whether geographic restrictions make sense anymore.
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.
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.
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.
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.
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.
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.
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.