Our 50-state (plus DC) chart of noncompete laws has been updated for the new year.
Companies frequently ask whether they should request a copy of any restrictive covenants from job candidates. Should they? We answer the question.
Our updated graph of noncompete, trade secret, and DTSA decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.
In case you were wondering which states changed their noncompete laws in the past decade or so, we updated our list with links to detailed information about each of the changes.
Episode 23 of Fairly Competing is out! Join us for a discussion of California’s updated anti-restrictive covenant laws, what the laws purport to do them, and what companies can do to limit the impact of the new laws.
The sky is not falling on noncompetes. Here is everything you need to know about key developments in the states, Congress, federal agencies, and the courts in 2023.
If you want to see how ChatGPT can affect the practice of law, we have another example. This is a response to a cease and desist letter inspired by the poem, ’Twas the Night Before Christmas.
The Governor has rejected and will veto the noncompete ban proposed by the New York Legislature, despite urging from the Federal Trade Commission.
New York is continuing to move from a noncompete ban to some type of a wage threshold on noncompetes.
New York is inching closer to some type of a ban on noncompetes, but New York’s Legislature has failed to address defects identified by Governor.
An ounce of prevention is worth a pound of cure. We have updated our checklist for protecting trade secrets.
The recording of a roundtable brainstorming session among more than 40 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of California’s new, expanded anti-restrictive covenant laws is now available. The conclusion? Houston, we have a problem.
Our 50-state (plus DC) chart of noncompete laws has been updated to reflect a Nevada Supreme Court decision and is available here.
Two new California laws will fundamentally alter the national noncompete landscape, effectively voiding other states’ laws and contracts, and adversely impacting companies’ ability to protect their trade secrets, confidential business information, customer goodwill, and other legitimate business interests. Join us and over 40 other lawyers for a roundtable brainstorming session.
The aesthetics spa charged by the General Counsel of the National Labor Relations Board (NLRB) with engaging in unfair labor practices for using restrictive covenants is seeking to have the case dismi...
The Delaware Supreme Court heard oral arguments today about the standard applicable to forfeiture-for-competition provisions.
California passed another anti-noncompete, anti-nonsolicit law. The law says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
Another anti-noncompete, anti-nonsolicit bill in California is now on the Governor’s desk. The bill says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
Our 50-state (plus D.C.) noncompete law chart has been updated to reflect various state law changes, and is available here.
The NLRB is testing its theory that noncompetes and other covenants constitute unfair labor practices under the NLRB. Employers take note.
With the increasing hostility toward noncompetes over the past decade or so, Delaware had seemed like a safe option for choice of law and forum selection clauses. That may no longer be true.
California has decided that its public policy on noncompetes trumps the public policy of other states. Employees can now flee to California to escape their restrictive covenants.
FTC Chair testified at an oversight hearing before the House Judiciary Committee. She didn’t say much of substance on noncompetes, but so-called “enforcement actions” will continue. The time to take action is now - but don’t throw the baby out with the bathwater.