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FTC’s Non-Compete Rule Struck Down Nationwide

As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

Supreme Court Lowers The Bar For Title VII Claims

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more

FTC Approves Final Rule That Would Ban Almost All Non-Competes

On April 23, 2024, the Federal Trade Commission voted 3-2 to publish a proposed final rule that would ban nearly all worker non-competes. If the proposed final rule goes into effect, it will present a major legal change...more

NLRB General Counsel Says Non-Competes Are Unlawful

Under the Biden administration, administrative agencies have taken aggressive action attempting to banish non-competes and similar agreements from the workplace. On January 5, 2023, the Federal Trade Commission (“FTC”)...more

FTC Proposes Rule That Would Ban Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission ("FTC") issued a Notice of Proposed Rulemaking proposing a "Non-Compete Clause Rule." If the proposed rule goes into effect as drafted, it would ban employers across the...more

Supreme Court Concludes Firing an Employee Based on Sexual Orientation or Transgender Status Violates Title VII

In a groundbreaking 6-3 decision, the Supreme Court of the United States has held that an employer who fires an individual because of the individual’s sexual orientation or transgender status violates Title VII. Bostock v....more

H.B. 2 Is Repealed, But...What Does This Mean?

North Carolina has repealed House Bill 2. In its place, the North Carolina General Assembly enacted law: ..Preempting state agencies and related entities from regulating access to multiple occupancy restrooms, showers...more

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more

Employers Provided With a New Remedy to Protect Their Company

Effective January 1, 2016, employers will have a new statutory remedy at their disposal for the protection of proprietary information and other property. The North Carolina Property Protection Act (PPA) states that any person...more

$100 is Sufficient Consideration for a Non-Compete

The North Carolina Court of Appeals recently concluded that $100 is sufficient consideration for the execution of a mid-employment non-compete. Employment Staffing Group v. Little, 777 S.E.2d 309 (N.C. Ct. App. 2015). Monica...more

Early Dismissal of Trade Secret Lawsuit May Help Defeat Claim for Attorney’s Fees

A lawsuit asserting intellectual property claims and violations of a non-competition and non-solicitation agreement played a dominant role in the second season of HBO’s comedy “Silicon Valley.” Throughout the season, it was...more

Protecting Your Business in the Innovation Economy

The recent 12th Annual State of the Research Triangle Region event highlighted the innovation economy in North Carolina and particularly the Research Triangle area as a “smart region.”...more

Contrary to Popular Opinion, North Carolina Courts Will Enforce Non-Competes

Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete...more

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