News & Analysis as of September 24, 2024

Confidentiality Agreements

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Move Over Non-Competes: Why NDAs May Be the Next Antitrust Enforcer Focus

Axinn, Veltrop & Harkrider LLP on 9/5/2024

On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on 5/2/2023

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on 1/11/2023

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on 9/29/2022

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

FAQs: Colorado Further Limits Restrictive Covenants

Husch Blackwell LLP on 5/17/2022

Last week, Colorado’s General Assembly passed major revisions to Colorado’s statutory limitations on restrictive covenants, which include covenants limiting competition, the solicitation of customers, and the use and...more

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

Blank Rome LLP on 1/18/2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

Blank Rome LLP on 1/17/2022

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

Fisher Phillips on 3/5/2018

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Michigan Federal Court Rejects As Dicta Sixth Circuit’s Broad Computer Fraud and Abuse Act Interpretation

Seyfarth Shaw LLP on 10/13/2015

While employee Lehman was employed by Experian and allegedly subject to various employment covenants, he incorporated Thorium, a competitor. After Experian laid him off, he operated Thorium. Experian sued Lehman and Thorium...more

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

Mintz on 4/8/2013

Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more

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