News & Analysis as of September 24, 2024

Non-Compete Agreements › Good Faith

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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 -

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

Seyfarth Shaw LLP on 6/21/2024

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

FTC Issues New Rule to Abolish Non-Compete Agreements

Rivkin Radler LLP on 4/25/2024

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements...more

New York City Council Introduces Three New Bills Aimed at Non-Competes

Proskauer - Law and the Workplace on 3/6/2024

Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in...more

Update: New York State Senate Passes Another Bill With A Broad Ban on Non-Competes

Proskauer - Law and the Workplace on 6/16/2023

We recently reported on New York Bill No. S03100, which, if enacted, would broadly prohibit non-competition agreements in New York. On the same day, June 7, 2023, the New York Senate also passed Bill No. S6748 (the “Bill”),...more

Claims Narrowed in Jack Nicklaus Non-Competition Case Over IP Sale

ArentFox Schiff on 4/21/2023

On April 12, 2023, a Manhattan judge in the lawsuit regarding the sale of golf legend Jack Nicklaus’s intellectual property portfolio narrowed the claims against Nicklaus. In 2007, Nicklaus sold his intellectual property...more

Unintended Consequences of Franchise Rescission Rights

Fox Rothschild LLP on 11/16/2022

The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain situations, particularly where a...more

How does Utah’s New Noncompete Law Affect You?

Dorsey & Whitney LLP on 3/23/2016

Utah employers should update their form noncompete agreements to ensure they comply with the state’s new Post-Employment Restrictions Act. Employers of all sizes are subject to the Act, which was adopted by the Utah...more

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