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Non-Compete Agreements › Competition › Former Employee

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... more +
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 -
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

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

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

DRI

Non-Compete Clauses and Professional Liability

DRI on

Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete...more

Baker Donelson

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

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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...

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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

Littler

Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

Littler on

In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more

Littler

UK Follows US FTC Proposal and Issues its Own Non-compete Proposals

Littler on

The UK government on May 10, 2023, announced its intention to limit the length of post-employment non-compete clauses (i.e., restrictions prohibiting an employee from going to work for a competitor or to start a rival...more

Hendershot Cowart P.C.

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on

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

Bodman

Sixth Circuit Upholds Non-Compete Agreement Based on “Flexible Language” in Preliminary Injunction

Bodman on

A recent Sixth Circuit decision upholding an employer’s non-compete agreement with a former employee highlights the need for legal counsel to craft preliminary injunction language in such matters which reflects the unique...more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

Bass, Berry & Sims PLC on

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

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

Steptoe & Johnson PLLC

FTC Proposes A Blanket Ban On Non-Compete Agreements

Steptoe & Johnson PLLC on

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more

Butler Snow LLP

FTC Issues Proposed Rule Banning Non-Compete Agreements

Butler Snow LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more

Kohrman Jackson & Krantz LLP

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

Kohrman Jackson & Krantz LLP on

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

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

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

Littler

The Netherlands: A competing former employee? Take action!

Littler on

Employers in the Netherlands should take action if they find out that a (soon-to-be or) former employee is going to work for a competitor. If they do not do so or fail to do so on time, they risk being left empty-handed, as...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

Robinson+Cole Manufacturing Law Blog

Protecting a Manufacturer’s Competitive Advantage: Recent Developments in Post-Employment Restrictions

Robinson+Cole Manufacturing Law Blog on

I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage.  See  “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more

Ward and Smith, P.A.

Attorneys Provide Updates on Rapidly Changing Aspects of Employment Law

Ward and Smith, P.A. on

Several Ward and Smith attorneys provided updates on some of the fastest-changing areas of employment law during the firm’s 2019 Employment Law Symposium....more

Dorsey & Whitney LLP

How Important are Irreparable Injury Provisions in Non-Compete Agreements?

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Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company. ...more

Fisher Phillips

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

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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

Littler

NY Attorney General Schneiderman Declares “War” on Non-Compete Agreements That He Perceives as Overbroad

Littler on

In an initiative that is virtually without precedent in New York, in the past two months (June 15, June 22 and August 4) Attorney General Schneiderman announced agreements with three separate companies in three different...more

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