The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.
Reminder: the FTC’s “public forum” on its proposed noncompete ban is today from noon to 3:00 PM ET. All the details you need are here.
Reminder: On February 16, 2023 (from noon to 3:00 PM ET), the FTC will be holding a “public forum” on its proposed noncompete ban. Don’t miss it. And, if you are interested in speaking at it, you will need to reserve a spot.
If you’re curious to see the text of the proposed federal noncompete bills, you can start with the Ensure Vaccine Mandates Eliminate Non-Competes Act, which is now available. And, Rhode Island proposed a total ban of all noncompetes.
Quick update: 19 states have 44 new noncompete bills, and Congress has 4. The ramp-up to legislatively limit noncompetes continues.
On February 16, 2023 (from noon to 3:00 PM ET), the FTC will be holding a “public forum” on its proposed noncompete ban. If you are interested in speaking at it, you will need to reserve a spot.
Quick update: 18 states have 42 new noncompete bills, and Congress has 3. The ramp-up to legislatively limit noncompetes continues.
Episode 21 of Fairly Competing is out! Join us in a discussion with Professor Evan Start about the research behind the FTC’s proposed noncompete ban.
The deadline to comment on FTC’s proposed rule to ban noncompetes may be extended to May 19. Make sure your voice is heard, whether joining us in our letter or separately.
Forty-seven state legislatures as well as Washington, D.C. – with the approval of Congress – have spent years honing their noncompete laws to fit their local communities and industries. In one fell swoop, three Commissioners at the FTC are proposing to undo all of it. With it, they will also eliminate the use of a broad swath of nondisclosure, nonsolicitation, no-service, no-recruit, and no-hire agreements. Companies have six things they need to do now.
US Rep Spartz sent a brief letter to the FTC raising concerns about the proposed rule to ban noncompetes.
Episode 19 of Fairly Competing is out! Join us for the key developments in trade secret and restrictive covenant law from the past year.
A decision from last week, juxtaposed against two other recent decisions, highlights that the law of no-recruit agreements is, like the law of noncompetes, “a sea — vast and vacillating, overlapping and bewildering. One can fish out of it any kind of strange support for anything, if he lives so long.”
The FTC and DOJ contend that no-poach/no-hire covenants in (old) McDonald’s franchise agreements constitute an antitrust violation.
There is a fifth decision involving a noncompete under the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L - and it provides some helpful guidance.
Keeping track of the flood of noncompete and trade secret law changes across the country is no easy task. Here are some resources to make it easier.
A new federal bill to amend the Fair Labor Standards Act to ban noncompetes — both retroactively and prospectively — for nonexempt workers.
Given that good CLE programs can be hard to identify, I put together a list of a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in.
Although five noncompete bills were pending before the Massachusetts legislature this year, none has passed.
Eleven states now have wage thresholds or other criteria that must be satisfied before a noncompete can be used. Are your noncompetes compliant?
Newly updated criminal penalties for a violation of noncompete law are not enough for Colorado — or maybe they’re too much. Colorado has made sweeping changes to its noncompete law, while scaling back (or at least cleared up ambiguity around) potential criminal liability for using unenforceable noncompetes.
Our legal system is far from perfect. And, unfortunately, it frequently permits abuses. In the context of restrictive covenants and trade secret claims, oftentimes it’s an overly-aggressive forme...
There has been a lot of legislative, regulatory, and judicial activity around noncompetes over the past two months or so. Here is a summary.
With one month left and no agreed-upon fix to D.C.’s problematic noncompete law, the D.C. Council has voted to postpone the law’s effective date until October 1, 2022.