Category Archives: Fair Competition News

Quick Update: President Biden Issued an Executive Order on Noncompetes (and other things)

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This afternoon, President Biden signed an “Executive Order on Promoting Competition in the American Economy,” which included pushing for the regulation of noncompetes by the FTC. Based on his comments during today’s press conference (discussed in the post), we expect that any regulation will be balanced, focusing on regulating the abuses, rather than a throw-the-baby-out-with-the-bathwater wholesale ban.

New Map of Recent Changes to State Noncompete Laws

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Over the past several years, there have been changes to the noncompete laws in 24 states — plus D.C. In some states (such as Illinois, Oregon, and Nevada), there were even multiple changes to the law over the last few years.

To keep track of it all, we’ve prepared a map as a visual supplement to our Changing Trade Secrets | Noncompete Laws page.

Nevada Noncompete Bill Becomes Law

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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.

Supreme Court Resolved CFAA Circuit Split!

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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.

21 States with 60 Noncompete Bills: Oregon

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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.

21 States with 60 Noncompete Bills: New York

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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.

21 States with 59 Noncompete Bills: Massachusetts

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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.

Fairly Competing, Episode 5: Litigating Trade Secret and Restrictive Covenant Injunctions, Generally and in the COVID Era

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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.
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