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What's the Tea in L&E? Alert: Non-Compete Agreements Largely Banned by New FTC Rule
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
In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more
You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more
The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more
*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more
30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as...more
Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more
On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more
Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple...more
Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more
Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. The U.S. Federal Trade Commission's final rule, which broadly prohibits the...more
The Federal Trade Commission's (FTC) impending Non-Compete Rule invalidating almost all non-compete agreements nationwide received new life after a recent federal decision in Pennsylvania district court. Employers and...more
AT A GLANCE - Restrictive covenants are a common feature in an employment context, especially for senior employees with special trade connections or who have access to trade secrets....more
Restrictive covenants with the sole aim of preventing competition will not be upheld by Hong Kong courts. In cases where there is a legitimate interest to be protected, restrictive covenants must be reasonable and not go...more
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
A first-in-nation ruling in Texas federal court casts serious doubt on the enforceability of the broad-reaching new Federal Trade Commission (FTC) Noncompete Rule. For any company seeking to legitimately protect its...more
Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more
Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more
Introduction - On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”)....more
In this episode of Tech Talks, we discuss the Federal Trade Commission’s recent ban on non-compete agreements and its implications for employers, as well as strategies for protecting confidential information and trade...more
The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more
Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more
I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly...more
Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more
On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more