Restrictive Covenants Archives - Page 3 of 7

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

Feb 4, 2021Feb 5, 2021

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.

Fairly Competing Podcast Launched

Jan 9, 2021Jan 11, 2021

Ben Fink, John Marsh, and I are pleased to announce the launch of Fairly Competing — a podcast providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience.

3 Steps to Take Now To Protect Against President-elect Biden’s Proposed National (Partial) Ban on Noncompetes (Executive Summary Version)

Dec 8, 2020Dec 8, 2020

A few days ago, I posted a long article on President-elect Biden’s proposed national partial ban of noncompetes and what to do about it: President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now.

To long? Here’s the summary.

47 states can’t be wrong: D.C. to ban noncompetes (maybe)

Dec 7, 2020Jan 30, 2021

What concept did President Obama, President-elect Biden, and 47 states – including every single state to consider the issue in the past decade – reject? A ban on noncompetes.

What bill did the Council of the District of Columbia Committee on Labor & Workforce Development just vote to approve? Yep: a ban on noncompetes.

President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now

Dec 2, 2020May 14, 2021

Protecting trade secrets, confidential business information, goodwill, and any other recognized legitimate business interests does not happen by accident. Companies need to plan. And, when one of the key tools is taken away (i.e., noncompetes), they need to look more closely at the remaining options to ensure they have the protections they need and that fit their circumstances. We discuss them in this post.

Upcoming Trade Secret Law Learning

Oct 23, 2020Oct 31, 2020

As regular readers of this blog know, I focus on providing content, and don’t often suggest programs to attend. However, it just so happens that over the course of the next week, there are three programs that all provide some helpful insights, each in a different way. Take a look.

PSA: Protecting Trade Secrets – Working at Home – Training Video Is Updated and Available

Oct 18, 2020Oct 21, 2020

We recently updated our “Ten Minute Training” series video, Protecting Trade Secrets - Working at Home. The need for this type of training has never been so compelling. Just look at Smash My Trash, LLC.

Reminder: Zoom Needs to Be Set Appropriately to Protect Your Trade Secrets

Oct 18, 2020Oct 18, 2020

You’ve heard the warnings: Set your Zoom settings to require a new ID for each meeting, require a password for entry, put people in waiting rooms, etc. Well, it actually matters – and not just in theory, but in real life. Let us know if you would like our free training video.

Louisiana’s Recent Changes to Its Noncompete Law Explained and Put In Context

Sep 13, 2020Sep 13, 2020

Effective August 1, 2020, Louisiana again strengthened its noncompete law. Although there has already been some commentary on the new law, this post delves a little deeper and looks at the statutory framework and some legislative history (following broad changes in 1989) to gain a better understanding of the significance of the otherwise seemingly insignificant change.

AIPLA Trade Secret Law Summit is Coming Up, and It’s Accessible From Your Couch

Aug 6, 2020Aug 6, 2020

As many of you know, I am very involved with the American Intellectual Property Law Association’s Trade Secret Law Committee. And, as you may also know, each year, we hold a multi-day, in-depth pro...

PSA: Employee Trade Secret Training Video Now Available

Jun 14, 2020Jun 14, 2020

We recently prepared a “Ten Minute Training” video for companies to distribute to their employees to help minimize the risks posed to trade secrets as a result of so much of the workforce working...

A primer and checklist for protecting trade secrets and other legitimate business interests before, during, and after lockdown and stay-at-home orders

May 17, 2020Oct 19, 2020

Hope for the best, plan for the worst. - John Jay The ability to protect trade secrets (and other legitimate business interests, including customer goodwill) has been hit by a perfect storm caused b...

Indiana Quietly Passes New Physician Noncompete Legislation

Apr 22, 2020Apr 22, 2020

As quiet as Virginia was in passing its noncompete for low wage (read “average wage”) employees, Indiana was even more quiet in passing legislation to restrict physician noncompetes. What it sa...

Virginia Quietly Passes New Noncompete Legislation

Apr 15, 2020Apr 20, 2020

Virginia is the latest state to follow the trend of imposing a ban on the use of noncompetes for low-wage workers (however defined) and rejecting a California/Oklahoma/North Dakota-style wholesale ba...

New First Circuit Noncompete Case Sheds No Light on Massachusetts Noncompetition Agreement Act

Apr 9, 2020

The First Circuit’s long-awaited decision in NuVasive v. Day has finally arrived! And, it’s a big nothing burger: nothing new about the new Massachusetts Noncompetition Agreement Act, G.L....

What you need to know about the FTC Workshop on Noncompetes

Feb 24, 2020Sep 16, 2020

The FTC conducted its first workshop on noncompetes on January 9, 2020. An opportunity for the public to submit comments remains open until March 11, which is only two weeks away. I attended the wo...

Quick Tips for the New Year: What to Know About The Recent and Upcoming Changes in Noncompete Laws Around the Country

Jan 5, 2020Dec 9, 2020

New year, new laws, new issues: First, at the state level... A number of states have modified their noncompete laws last year: Florida: banned noncompetes for specialist physicians in certain...

New Details about the FTC Workshop on Noncompetes

Jan 4, 2020

Thursday is approaching! As mentioned in our last post on the subject, the FTC will be holding a hearing on January 9, 2020 (at 8:30 a.m. at its Headquarters Building, 600 Pennsylvania Avenue, NW,...

Next up at the feds: The FTC holds its next hearing on noncompetes

Jan 1, 2020Jan 3, 2020

Happy New Year! On January 9, 2020, the FTC will be holding a hearing (at 8:30 a.m. at the FTC’s Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is...

Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill

Oct 14, 2019Dec 17, 2020

It’s hard these days to keep up with the the changing noncompete laws around the country. My most recent post covering recent updates, from not even quite six months ago, is already outdated. Jus...

Washington State Overhauls Its Noncompete Law

May 9, 2019

On May 8, 2019, HB 1450 (“An Act Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses; adding a new chapter to Title 49 RCW; a...

New trade secret and noncompete legislation: What’s already happened and what you can expect for the rest of the year in every state

Apr 22, 2019Apr 3, 2020

It's been a while since I've had the time to update the Changing Trade Secrets | Noncompete Laws page. Lots has happened in the interim - see below for all of the updates so far this year. I will...

50 State Noncompete Chart Updated (Idaho, Massachusetts, Utah)

Aug 10, 2018Apr 3, 2020

The BRR 50 State Noncompete Chart has been updated today to reflect a new laws in Idaho, Massachusetts, and Utah (and a few additional tweaks in other states). (See "Changing Trade Secrets | Noncompe...

Massachusetts Noncompete Law and Trade Secrets Law Signed Into Law!

Aug 10, 2018Jun 13, 2019

Governor Baker just signed the noncompete and trade secrets bills. They are now law. Here is what you need to know: Massachusetts noncompete and trade secret reform has arrived: What you need to k...

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Category Archives: Restrictive Covenants