News & Analysis as of

Non-Compete Agreements › Confidentiality Agreements

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 -
Axinn, Veltrop & Harkrider LLP

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

Axinn, Veltrop & Harkrider LLP on

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

Lewitt Hackman

Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

Lewitt Hackman on

A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

Constangy, Brooks, Smith & Prophete, LLP on

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

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

McCarter & English, LLP on

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

ArentFox Schiff

The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation

ArentFox Schiff on

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

Epstein Becker & Green on

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

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

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

Felicello Law PC

Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

Felicello Law PC on

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the...more

Lathrop GPM

Bankruptcy Court Grants Motion of Franchisee Debtor to Reject Franchise Agreement, Concludes Noncompete and Confidentiality...

Lathrop GPM on

A Michigan bankruptcy court recently granted debtor/franchisee Empower Central Michigan Inc.’s motion to reject a franchise agreement as an executory contract but found that a non-compete clause and a related confidentiality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Claims are Related to Trade Secret Claims?

Mitchell, Williams, Selig, Gates & Woodyard,... on

What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more

Kerr Russell

Health Care Providers Affected by FTC’s Ban on Noncompetes

Kerr Russell on

This Final Rule does not take effect until 120 days after it is published in the Federal Register. Litigation seeking to prevent the Final Rule from ever taking effect has already been commenced in the United States District...more

Adams and Reese LLP

Employer-Employee Considerations and Tips for Veteran Business Owners

Adams and Reese LLP on

“People don’t do what you expect, but what you inspect.” – Louis V. Gerstner Jr., former CEO of IBM. Gerstner’s quote is often repeated in the military and in business. It is a proactive strategy leaders can implement to...more

Fox Rothschild LLP

FTC Bans Virtually All Employment-Based Noncompete Agreements, Business Groups Seeking Injunction

Fox Rothschild LLP on

In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few...more

Axinn, Veltrop & Harkrider LLP

Re-Evaluating Trade Secret Policies After FTC Adopts Rule Banning Non-Compete Agreements

Axinn, Veltrop & Harkrider LLP on

Today, the U.S. Federal Trade Commission (“FTC”) adopted a final rule (3-2) banning new non-compete agreements for both senior executives and non-senior executives. Companies may continue to enforce existing non-compete...more

Fox Rothschild LLP

FTC Proposes Non-Compete Ban

Fox Rothschild LLP on

Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Jackson Lewis P.C.

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

Jackson Lewis P.C. on

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more

Weintraub Tobin

California Employment News: Top Developments in Wage and Hour Law for 2024 (Podcast)

Weintraub Tobin on

From minimum wage laws to confidentiality agreements, there have been several legal updates over the past year that apply to most CA employers. Lukas Clary and Ryan Abernethy break down five top developments in wage and hour...more

Weintraub Tobin

California Employment News: Top Developments in Wage and Hour Law for 2024

Weintraub Tobin on

From minimum wage laws to confidentiality agreements, there have been several legal updates over the past year that apply to most CA employers. Lukas Clary and Ryan Abernethy break down five top developments in wage and hour...more

Hendershot Cowart P.C.

The Basics Of Shareholder Agreements

Hendershot Cowart P.C. on

You've set your business up with the Secretary of State. Now it's time to look inward and say, what do we need to properly run this business? Having governance documents in place, such as a shareholder agreement, is...more

Bass, Berry & Sims PLC

Top Five 2024 Employee Policies and Issues Check Up

Bass, Berry & Sims PLC on

As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year: 1. Paid Time Off (PTO) and Leave Policies:...more

Awatif Mohammad Shoqi Advocates & Legal...

Confidentiality Violations in the UAE: Legal Implications for Employees

Awatif Mohammad Shoqi Advocates & Legal... on

Introduction: The protection of confidential information is an important aspect of employer-employee relationships, and the UAE has established comprehensive laws to address violations of confidentiality clauses. This...more

Spilman Thomas & Battle, PLLC

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023

Spilman Thomas & Battle, PLLC on

On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more

Fox Rothschild LLP

Time to Revisit Your Confidentiality Agreement

Fox Rothschild LLP on

As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

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