News & Analysis as of

Enforcement Non-Solicitation Agreements

McNees Wallace & Nurick LLC

Pennsylvania Imposes New Limitations on Health Care Noncompetes

On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect...more

Lippes Mathias LLP

What Employers Need to Know About the FTC’s Ban of Non-Competition Agreements

Lippes Mathias LLP on

On May 7, 2024, the Federal Trade Commission (“FTC”) published its controversial final rule (the “Rule”) that once effective will ban employers from entering into new non-compete agreements across the country, retroactively...more

Proskauer - Law and the Workplace

Federal Trade Commission Approves Rule Banning Most Noncompetes

Today the Federal Trade Commission voted 3-2 to approve a Final Rule that, absent a successful legal challenge, will ban most noncompete agreements in the United States beginning 120 days after publication in the Federal...more

Smith Gambrell Russell

Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees

Smith Gambrell Russell on

California State Senate Bill 699 (“SB 699”) and California State Assembly Bill 1076 (“AB 1076”) enhance California’s well-known prohibition against non-compete agreements or restrictive covenants. Both bills, which took...more

Dechert LLP

Delaware Chancery Court Invalidates Non-Compete, Continuing Trend

Dechert LLP on

The Delaware Chancery Court has issued yet another decision invalidating restrictive covenants, continuing a trend of recent decisions in which the court has refused to “blue-pencil,” or modify, covenants. In Sunder Energy,...more

Buchalter

Valentine’s Day 2024 Is No Sweetheart for Employers Who Include Restrictive Covenants in Employee Agreements for Current of Former...

Buchalter on

December 1, 2023 By: Leah Lively California Business and Professional Code sections 16600 to 16607 already invalidate agreements restricting California employees from pursuing any lawful profession, trade, or business, with...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

Mintz - Employment Viewpoints

Do as I Say And as I Do – California Amends Its Non-Compete Law

On the heels of the New York and FTC non-competition legislation (discussed here and here), Governor Newsom recently signed an amendment to California’s non-compete ban into law. The amendment, S.B. 699, takes effect on...more

Proskauer Rose LLP

What employers can do in a world without noncompetes

Proskauer Rose LLP on

Forfeiture clauses are one tactic. They provide a meaningful disincentive for employees to engage in competitive behavior. Noncompetes are under siege on multiple fronts. Originally published in Legal Dive - September...more

AEON Law

Patent Poetry: Employee Confidentiality Agreements Can Be Enforced without New Consideration

AEON Law on

A federal court in Pennsylvania has held that a confidentiality agreement signed five months after an employee was hired can be enforced after the employee leaves even if the employee received no consideration other than...more

Bradley Arant Boult Cummings LLP

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

Flaster Greenberg PC

Is the government banning my non-competition agreements?

Flaster Greenberg PC on

Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more

Faegre Drinker Biddle & Reath LLP

Non-Compete Agreements: Provide Them Ahead of Time – But Don’t Let Them Be Signed

On March 8, 2022, the Fifth Circuit Court of Appeals held that a non-compete agreement was not enforceable because the employer seeking to enforce the agreement had presented it to the employee, and the employee had signed...more

Foley & Lardner LLP

Illinois Enacts Law Limiting Non-Compete and Non-Soliciation Provisions with Employees

Foley & Lardner LLP on

On August 13, 2021, the State of Illinois enacted a law, amending the Illinois Freedom To Work Act (the Law) to limit the enforceability of non-competition and non-solicitation agreements between employers and employees in...more

McDermott Will & Emery

Illinois Enacts New Noncompete and Nonsolicit Law

McDermott Will & Emery on

Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will...more

Mintz - Employment, Labor & Benefits...

No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument

Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett,...more

McAfee & Taft

McAfee & Taft Employer LINC: Oklahoma passes law confirming enforceability of employee non-solicitation agreements

McAfee & Taft on

While non-competition agreements remain unenforceable under Oklahoma law, a bill recently signed by Governor Fallin confirms by a new statute that Oklahoma employers may enforce agreements prohibiting a former employee from...more

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