Marina Tsatalis on Non-Compete Agreements

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

4/25/2024 / Anti-Competitive , Competition , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Hiring & Firing , Human Resources Professionals , Non-Compete Agreements , Restrictive Covenants

California Extends Prohibition on Noncompete Agreements

California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more

2/8/2024 / California , Contract Terms , Employer Liability Issues , Employment Contract , Hiring & Firing , Labor Regulations , New Legislation , Non-Compete Agreements , Restrictive Covenants , State Labor Laws

NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more

3/7/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , NLRB , Non-Compete Agreements , Severance Agreements

FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more

1/12/2023 / Anti-Competitive , Competition , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Hiring & Firing , Human Resources Professionals , Non-Compete Agreements , Restrictive Covenants

District of Columbia Bans Non-Competes

On January 11, 2021, the mayor of the District of Columbia signed D.C. Act 25-563, the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act), which was then submitted to Congress for approval in accordance with the...more

2/19/2021 / Employer Liability Issues , Employment Contract , Hiring & Firing , Non-Compete Agreements , Restrictive Covenants , State and Local Government , State Labor Laws

Massachusetts Becomes 49th State to Adopt Uniform Trade Secrets Act

In tandem with the Massachusetts Noncompetition Act, which reformed Massachusetts law governing non-compete agreements (described here in detail), Massachusetts has adopted its version of the Uniform Trade Secrets Act (the...more

10/2/2018 / Defend Trade Secrets Act (DTSA) , Misappropriation , Non-Compete Agreements , Trade Secrets , Uniform Trade Secrets Acts

Massachusetts Imposes Significant Restrictions on Post-Employment Non-Competition Covenants

Massachusetts has joined a growing list of states, including Colorado, Georgia, Hawaii, Oregon, and Utah, among others, with statutes placing limits on the permissible terms and scope of agreements prohibiting employees from...more

8/28/2018 / Employment Contract , Fair Labor Standards Act (FLSA) , Non-Compete Agreements , Restrictive Covenants

White House Issues Call to Action Urging States to Curb Employers' Use of Non-Compete Agreements

The White House has entered the fray regarding employer use of non-compete agreements. While the Obama administration's recently issued "State Call to Action on Non-Compete Agreements" does not change current law applicable...more

11/14/2016 / Defend Trade Secrets Act (DTSA) , Employment Contract , Human Resources Professionals , Non-Compete Agreements , Obama Administration , Restrictive Covenants , Trump Administration , Whistleblower Protection Policies

Chancery Court Refuses to Enforce Non-Competition Agreement Against a California-Based Employee Despite Delaware Choice-of-Law...

In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally...more

2/4/2015 / Choice-of-Law , Employer Liability Issues , Hiring & Firing , Non-Compete Agreements , Public Policy

Marina Tsatalis

Wilson Sonsini Goodrich & Rosati

Popular Topics by This Author

Latest Posts › Non-Compete Agreements