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Non-Compete Agreements › Non-Solicitation Agreements › 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

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

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In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Mayer Brown

Germany: Restrictive Covenants

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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

Mayer Brown

China: Restrictive Covenants

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AT A GLANCE - The only post-employment restrictive covenant explicitly stipulated under the People’s Republic of China’s (PRC) labour laws is the non-compete restrictive covenant. The employer and the employee may agree on...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

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With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on

It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...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

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?

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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

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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

White & Case LLP

Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements

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The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more

Butler Snow LLP

FTC Issues Proposed Rule Banning Non-Compete Agreements

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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

Bradley Arant Boult Cummings LLP

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

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On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more

Jackson Lewis P.C.

[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th,...

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Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day...more

Fisher Phillips

Will New Jersey Become the ‘Garden Leave’ State? Proposed Legislation Would Set Strict Rules for Non-Competes Including Full Pay...

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New Jersey recently joined a growing number of states that have taken legislative efforts to significantly limit the enforceability of post-employment restrictive covenant agreements – such as non-compete and non-solicitation...more

Manatt, Phelps & Phillips, LLP

New DC Law Bans Non-Compete Agreements for Employees Making Below $150,000 Per Year

Manatt, Phelps & Phillips, LLP on

A new D.C. law that takes effect on October 1, 2022, will significantly limit the ability of employers to tie their District of Columbia-based employees to noncompetition agreements....more

Epstein Becker & Green

Reminder: Amendments to Colorado Noncompete Law Take Effect Today

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As we have previously reported, the Colorado Assembly passed sweeping changes to the state’s noncompete law that, among other things, (1) set compensation floors for enforcement of both noncompetes ($101,250) and customer...more

Seyfarth Shaw LLP

Colorado Poised to Further Restrict Post-Employment Restrictions

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On August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased...more

Seyfarth Shaw LLP

New Jersey Introduces Proposed Legislation Limiting Use and Enforceability of Non-Compete and Non-Solicitation Agreements

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On May 2, 2022, the New Jersey Legislature introduced Bill A3715, adding to the growing number of states seeking to curtail the use of non-compete and non-solicitation agreements by employers. While passage of the bill is...more

Neal, Gerber & Eisenberg LLP

More Limits to Restrictive Covenants on the Horizon: What Multi-State Employers Need to Know

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Recently enacted and pending state legislation confirms a marked shift toward limiting employers’ use of non-competition and non-solicitation covenants. Colorado’s new non-compete law, which imposes wide-ranging restrictions...more

Seyfarth Shaw LLP

New York Appellate Court Reverses Lower Court’s Denial of Preliminary Injunction and Enjoins Former Employee from Working with...

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On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment...more

Cooley LLP

Colorado’s New Limitations on Restrictive Covenants Take Effect in August 2022

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Effective August 10, 2022, Colorado employers will need to comply with significant new limitations on noncompete agreements and other post-termination restrictive covenants. The Colorado legislature passed House Bill 22-1317,...more

Farella Braun + Martel LLP

7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

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Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting...more

Nutter McClennen & Fish LLP

Judge Strikes Fiduciary Duty Claims Asserted by FTI Against Former Employees, But Not Aiding and Abetting Claim Asserted by FTI...

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FTI sued three of its former employees who went to work for Berkeley Research Group (Berkeley), an FTI competitor. The former employees, FTI alleged, breached their FTI employment contracts and their fiduciary duty of loyalty...more

Fisher Phillips

What Every North Carolina Employer Needs to Know About Restrictive Workplace Covenants (Part 3)

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This is the third Insight in a three-part series that discusses restrictive covenant agreements in North Carolina... This Insight will address considerations for enforcing restrictive covenant agreements on departing...more

Littler

Colorado Criminalizes Certain Restrictive Covenants

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Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S.  Effective March 1,...more

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