A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more
When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more
Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of...more
5/12/2022
/ Colorado ,
Employer Liability Issues ,
Employment Contract ,
Forum Selection ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State Labor Laws
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
3/16/2022
/ Biometric Information ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Policies ,
Financial Services Industry ,
Former Employee ,
Hiring & Firing ,
Labor Relations ,
Mental Health ,
Metaverse ,
NLRB ,
Non-Compete Agreements ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Ransomware ,
Reasonable Accommodation ,
Remote Working ,
Restrictive Covenants ,
State Privacy Laws ,
Trade Secrets ,
Union Organizers ,
Unions ,
Virtual Meetings
The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more
2/26/2018
/ Confidential Information ,
Confidentiality Agreements ,
Data Protection ,
Data Security ,
Employee Training ,
Employer Liability Issues ,
Former Employee ,
Intellectual Property Protection ,
Restrictive Covenants ,
Trade Secrets ,
Voluntary Self-Audit ,
Written Agreements
A non-compete agreement that prohibited a former sales rep from working for a competitor in any capacity, “even as a custodian,” is overly broad and unenforceable. At least that’s what a North Carolina Court of Appeals...more
As a non-compete litigator, I often scan the case reports looking for noteworthy non-compete decisions. In doing so, I look for the usual buzzwords of interest -- non-compete, trade secret, preliminary injunction, etc. But...more
When employers seek injunctive relief to enforce a restrictive covenant, nearly every judge begins the injunctive hearing with the same question: What efforts did you make to resolve this matter? Judges encourage settlement;...more
In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of...more
A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the...more
I recently read an article in which some talented lawyers did a nice job summarizing a few recent conflicting cases in Massachusetts. In Interpros, Inc. v. Athy, a Massachusetts court held that a new restrictive covenant must...more