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Confidential Information Former Employee Non-Compete Agreements

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

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In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Mayer Brown

Germany: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

Fish & Richardson on

On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Epstein Becker & Green

Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in...

In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses,...more

Fisher Phillips

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Fisher Phillips on

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome....more

Fisher Phillips

5 Tips for Protecting Your Trade Secrets Without an Enforceable Noncompete Agreement

Fisher Phillips on

2022 hasn’t been the friendliest year for employers that seek to protect trade secrets with a noncompete agreement. Although many jurisdictions understand the importance of contractually protecting a company’s legitimate...more

Nutter McClennen & Fish LLP

Judge Strikes Fiduciary Duty Claims Asserted by FTI Against Former Employees, But Not Aiding and Abetting Claim Asserted by FTI...

FTI sued three of its former employees who went to work for Berkeley Research Group (Berkeley), an FTI competitor. The former employees, FTI alleged, breached their FTI employment contracts and their fiduciary duty of loyalty...more

Fisher Phillips

What Every North Carolina Employer Needs to Know About Restrictive Workplace Covenants (Part 3)

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This is the third Insight in a three-part series that discusses restrictive covenant agreements in North Carolina... This Insight will address considerations for enforcing restrictive covenant agreements on departing...more

Kohrman Jackson & Krantz LLP

Ohio Appeals Court Affirms Modification Of Doctor’s Non-compete Agreement

One of Ohio’s most influential appeals courts has affirmed the power of courts to modify non-compete agreements (here, a physician’s employment contract) to strike the right balance between employers’ interests in protecting...more

Seyfarth Shaw LLP

2021 Trade Secrets Webinar Series: Takeaways & Recordings

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Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Lowndes

Biden Administration Targets Non-Competes

Lowndes on

On July 7, 2021, White House Press Secretary Jen Psaki divulged President Biden intends to sign a new executive order in the coming days addressing competition in the labor market, in part by targeting non-compete clauses and...more

Faegre Drinker Biddle & Reath LLP

California Non-Compete and Trade Secret Catch-Up

California is notorious in the non-compete world for its prohibition and extreme scrutiny of individual non-compete and other types of restrictive covenant agreements. These types of agreements between two businesses,...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

McAfee & Taft on

When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Foley & Lardner LLP

Trade Secret Ruling Is a Head Scratcher

Foley & Lardner LLP on

An Illinois appellate court decision that recently overturned an employer’s effort to protect against the disclosure of its trade secrets by a departing employee gives guidance to employers about drafting and enforcing...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

Hogan Lovells on

On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Womble Bond Dickinson

Someone Steal Your Confidential Information? You Might Just Be Out Of Luck

Womble Bond Dickinson on

Where a business alleges that a former employee stole its confidential information and gave it to a competitor which then used it to compete, the business has no claim for unjust enrichment against the former employee or...more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Parker Poe Adams & Bernstein LLP

California Nixes Employee Non-Solicitation Restrictions

Employers with California operations probably know that traditional noncompetition covenants are unenforceable in that state. Additional state court decisions concluded that customer non-solicitation prohibitions are also...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

Poyner Spruill LLP on

Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

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