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.
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...
As noted in our post, Ask 70 Trade Secret Lawyers and Paralegals about Noncompetes and Get One Opinion, the FTC and DOJ encouraged the submission of public comments following the “Making Competiti...
No one ever points to North Dakota’s or Oklahoma’s ban on noncompete as producing a thriving tech sector, because they haven’t. Yet, somehow think that the same ban in California is why we have Silicon Valley. This assumption is wrong for multiple reasons. Worse, it leads to poor policy.
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...
The Business Litigation Session (the “BLS”) of the Massachusetts Superior Court just issued a decision on the scope of preemption under Massachusetts “new” (effective October 1, 2018) trade secret law, the Massachusetts Uniform Trade Secrets Act (sometimes referred to as “MUTSA,” and other times as “MTSA”). See what it says.
I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants, is now out!
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...
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...
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....
With the continuing unfolding of the COVID19 pandemic, I remain particularly focused on identifying resources that I hope will be helpful to people while they try to cope with the new reality (hence t...
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...
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...
Despite the lack of headlines, the Massachusetts Legislature has continued to move closer and closer toward noncompete and trade secret reform. It now looks potentially imminent. On January 23, 201...
Yesterday, I posted about the bills to ban noncompetes at the federal level: Federal Legislators Propose Noncompete Ban. Only the House bill was available on line; the Senate bill was not. Whil...
On April 26, Senators Elizabeth Warren (D-MA), Chris Murphy (D-CT), and Ron Wyden (D-OR) introduced the Workforce Mobility Act to impose a federal ban on the use of employee noncompetes. A compan...
For those following noncompete and trade secrets legislative activity around the country, I just updated our Changing Trade Secrets | Noncompete Laws page. (This is a never-ending task with so many s...
The BRR 50 State Noncompete Chart has been updated today to reflect a few developments in various states and to make a few tweaks since the last draft. Most significantly, Nevada adopted a bran...
On June 3, 2017, Nevada enacted a new law that made significant changes to Nevada noncompete law. Contrary to the recent developments and indications, the new law made enforcement of noncompetes i...
Alabama's new so-called "Restrictive Covenant Act," Ala. Code §§ 8-1-190-197, reproduced below, can be a bit hard to find. (Hat tip to the law firm of Sirote & Permutt, which has a nice summ...
Having looked back over the last couple of years, I realized that I have failed to provide enough updates on issues and cases making trade secrets | noncompete news. So, I am going to try to resume...
Several bills concerning trade secrets and noncompetes were filed this week in the Massachusetts legislature. On trade secrets side, the following bills were filed: H.2569 by Representatives Bradle...