restrictive covenants Archives - Fair Competition Law

Roundtable on preparing for California’s new, nationwide noncompete ban is available

Nov 20, 2023Nov 20, 2023

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.

Roundtable: Avoiding the Californication of your noncompetes

Nov 5, 2023Nov 12, 2023

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.

Juvly Aesthetics justifies its noncompete to the NLRB

Nov 2, 2023

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...

NLRB challenges noncompete, no-recruit, no-hire, training repayment agreement, and others

Sep 17, 2023Nov 2, 2023

The NLRB is testing its theory that noncompetes and other covenants constitute unfair labor practices under the NLRB. Employers take note.

FTC Chair grilled at House oversight hearing, and what it means for companies

Jul 17, 2023Jul 16, 2023

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.

House Committee on Oversight and Accountability investigates FTC Chair Lina Khan

Jun 2, 2023

The U.S. House Committee on Oversight and Accountability is investigating FTC Chair Lina Khan. Next up, an investigation into NLRB GC Jennifer A. Abruzzo?

U.S. Chamber of Commerce to challenge NLRB’s noncompete ban as a “blatantly unlawful overreach”

Jun 2, 2023

U.S. Chamber of Commerce calls the NLRB’s finding that most noncompetes are illegal a “blatantly unlawful overreach” and will challenge it.

NLRB GC says noncompetes violate the NLRA

May 30, 2023May 30, 2023

The NLRB General Counsel leapfrogged the FTC to ban noncompetes. Here’s what you need to know and do now for your non-supervisor employees.

FTC Does As Predicted: More Enforcement Actions – Be Ready

May 25, 2023

As predicted, the FTC is continuing to bring enforcement actions against companies using noncompetes. Are you ready?

Official Launch of the Trade Secret Training Series (Videos)

May 2, 2023May 24, 2023

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.

100 Trade Secret Lawyers Can’t Be Wrong

Apr 20, 2023May 23, 2023

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.

Cease and Desist Letters (Guest Author)

Apr 5, 2023Apr 5, 2023

If you want to see how ChatGPT can affect the practice of law, we have an example of a cease and desist letter inspired by the style of the beloved Dr. Seuss.

FTC Noncompete Enforcement Action Becomes Final Order

Mar 8, 2023Mar 8, 2023

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.

Quick update: the FTC extended the March 20 deadline to April 19

Mar 6, 2023

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.

Senators ask U.S. Chamber of Commerce for information about objection to the FTC’s proposed noncompete ban

Mar 2, 2023Mar 2, 2023

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.

Quick update: Congress demands information from FTC re proposed noncompete ban

Feb 19, 2023

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.

Quick update: recording of the FTC’s public forum on proposed noncompete ban is available

Feb 18, 2023Feb 18, 2023

The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.

FTC’s public forum was balanced, but continues to focus on abuses

Feb 16, 2023Feb 17, 2023

The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.

FTC public forum today: what you need to know

Feb 16, 2023

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.

The FTC’s “public forum” on its proposed noncompete ban is Thursday – but there are developments

Feb 14, 2023Feb 14, 2023

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.

FTC to hold a “public forum” on its proposed noncompete ban

Feb 7, 2023Feb 7, 2023

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.

Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)

Feb 4, 2023Feb 4, 2023

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.

Comment Period to FTC Proposed Rule Likely To Be Extended to May 19

Jan 31, 2023Feb 3, 2023

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.

FTC Rule Will Be Officially Published Tomorrow – Comments Now Due March 20

Jan 18, 2023Jan 18, 2023

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.

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Tag Archives: restrictive covenants