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.
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...
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.
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.
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.
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.
I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants, is now out!
Another Congress, another federal noncompete bill: Four Senators and one Congressman have reintroduced a federal bill to ban all employee noncompetes.
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.
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.