As predicted, the FTC is continuing to bring enforcement actions against companies using noncompetes. Are you ready?
Education comes at a price. But not this time. Beck Reed Riden is making available its Ten Minute Trade Secret Training Series videos freely available - and available for free. With the FTC rule banning noncompetes on the horizon and more states limiting the use of noncompetes, it is now more imperative than ever before that companies and employees take steps to protect their trade secrets, other confidential information, and customer relationships.
Once again, we have resounding unanimity on the issues and recommendations to the FTC, as they consider whether to move forward with their plan to ban noncompetes, as well as some nondisclosure agreements and other restrictive covenants. Over 100 lawyers who practice extensively in the area of trade secret and restrictive covenant law agree: federal regulation is likely inappropriate, definitely premature, and, in any event, should be limited.
While we’ve all turned our attention to the FTC’s proposed rule to ban noncompetes, the clock has been running on the public comment periods for the proposed consent orders in the three noncompete enforcement actions announced by the FTC at the beginning of the year. Today, the FTC has publicly released the final order in one of them. The others should be coming soon. And, as we said before, this is likely just the beginning. Make sure that you are not engaging in behavior that is likely to elicit another.
The FTC extended the March 20 deadline for comments to it’s Notice of Proposed Rulemaking on noncompetes (the proposed rule to ban noncompete) to April 19.
U.S. Senators Warren and Whitehouse ask the U.S. Chamber of Commerce for information concerning the Chamber’s objection to the FTC’s authority for a proposed ban on noncompetes.
Members of the House Committee on the Judiciary, sent a letter to the FTC challenging the FTC’s authority to promulgate the proposed rule, and demanding that the FTC provide documents and information related to it. Read the details here.
The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.
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.
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.
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.
The FTC’s proposed rule to ban noncompetes will publish in the federal register tomorrow. If you care, you have until March 20 (assuming no extensions) to make sure your voice is heard. You are welcome to join us in our letter.
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 20 of Fairly Competing is out! Join us to hear about the FTC’s recent proposed noncompete ban and enforcement actions and what to do about them.
Today, the FTC took the unprecedented step of proposing a rule that would essentially ban all employee noncompetes — and other agreements if they can be interpreted as a “de facto” noncompete.
Well, we now know what the FTC will do about companies using noncompetes: They are bringing enforcement actions against them. And, this is likely just the beginning.
In Part 2 of our tour of the history of trade secret law and developments since before Roman times, we pick up while Newton is inventing calculus.
As we ponder the best ways to protect trade secrets today, it’s good to have a quick reminder that this has been a long-term issue. So, we’ll take a two-part tour of trade secret law and developments from before Roman times to now.
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.
Over 50 percent of employees admit stealing company information when they leave for a new job. It’s this “insider threat” that keeps us up at night. To help combat it, we have updated and reissued our training, Protecting Trade Secrets While Working From Home, with improved audio and additional substance.