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.
Our 50-state (plus DC) chart of noncompete laws has been updated and is available here.
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.
Knowing the noncompete and trade secret laws across 50 states, plus D.C., is no easy task. And keeping track of the flood of changes in recent years makes it all the more difficult. Unfortunately, it’s not something you can ignore. Because of this, we have created several resources that make the task easier. We hope you find them helpful.
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.
Our 50-state (plus DC) chart of noncompete laws has been updated and is available here.
While most people reading this blog will know that California has a statute that bans noncompetes, it may come as a surprise that employers have dealt with that prohibition by turning to trade secret law for protection as far back as 1913 — even for low-level employees.
Our 50-state (plus DC) chart of noncompete laws has been updated for recent developments in Hawai‘i. It is available here.
In 2015, Hawai‘i passed legislation that banned the use of noncompetes and no-recruit agreements for employees of technology businesses. Seven years later, the Hawai‘i Supreme Court decided more changes were appropriate. See what it did.
Happy 4th! After three and a half years, we are finally seeing more cases — and more judicial decisions — involving noncompetes subject to the Massachusetts Noncompetition Agreement Act (the “MNAA”), G. L. c.149 § 24L. And, we now have a third and fourth decision.
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...
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.
You hired someone from a competitor. You’re excited. They’re excited. But you may have bought yourself a lawsuit. Can you avoid it? Maybe.
Happy holidays! Episode 13 of Fairly Competing is out! In this episode, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive coven...
As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. However, given that CLE programs are still remote and can be hard to identify, I t...
About twice a year, I update my chart of reported noncompete and trade secrets decisions. The results continue the trend: While noncompete litigation appears to have largely leveled off over the last 15-plus years, trade secret litigation continues to reflect an overall upward trajectory.
Misconceptions about noncompetes abound. And, as noncompete agreements are increasingly in the cross-hairs of the media and legislators, it has become increasingly clear that some of the most vocal de...
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.