Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?
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#WorkforceWednesday®: What the FTC Non-Compete Ban Block Means for Employers - Employment Law This Week®
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Employment Law Now VIII-146 - Latest Update on FTC Non-Compete Ban Plus 3 Summer Reminders for Employers
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California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers (Podcast)
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California Employment News: Is The FTC Recent Rule on Non-Competes a New Reality for Reality Stars
California Employment News: Is The FTC Recent Rule on Non-Competes a New Reality for Reality Stars (Podcast)
AGG Talks: Cross-Border Business Podcast - Episode 13: Tips and Tricks for Foreign Investors Employing U.S. Personnel
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Fierce Competition Podcast | Understanding the FTC’s Landmark Ban on Noncompetes
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What's the Tea in L&E? Alert: Non-Compete Agreements Largely Banned by New FTC Rule
In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more
In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...more
For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more
A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more
The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000. The case arose out of a concerted effort by the...more
Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more
Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more
When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more
An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when...more
Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more
The hiring of your key employees by another business that you have a relationship with — either individually or en masse — can be devastating. It is therefore not uncommon for businesses to insert provisions in contracts...more
On January 11, 2019, a California federal district court issued a decision bolstering the argument that employee non-solicitation clauses are unenforceable under California law....more
This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more
Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude. In neighboring Nevada, the courts will look to whether the restraint on competition...more
For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more
Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more
An engineer’s employment contract provision imposing a post-termination restriction against soliciting former co-workers to quit or to accept employment with a competitor, supplier, or customer is an unenforceable restraint...more
Effective restraints of trade protect businesses which rely heavily on human capital from damage that sometimes can’t be undone. These restraints – usually sitting in an employment contract – can be a key business asset....more
The Louisiana Third Circuit Court of Appeal recently issued an opinion that might pave the way for employers to use liquidated damages as a means of discouraging competition by former employees in certain circumstances. ...more