News & Analysis as of

Non-Disclosure Agreement Confidentiality Agreements Non-Solicitation Agreements

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

What Claims are Related to Trade Secret Claims?

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

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

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

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

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

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

Holland & Hart LLP

No More Non-Competes

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In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Fisher Phillips

Does Erosion of Noncompetes in the DMV Herald a National Trend?

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Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long...more

Hutchison PLLC

Nondisclosure Agreements, Confidential Disclosure Agreements and Confidentiality Agreements

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Corporate Nondisclosure Agreement, Confidential Disclosure Agreement, Confidentiality Agreement, NDA, CDA and so on. Regardless of the title, companies sign agreements promising to be quiet on a regular basis. But are all...more

Fisher Phillips

Contractual Employee Non-solicitation Provisions Under Attack: Employer Loses Battle in Case Involving Unique Facts

Fisher Phillips on

California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

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Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

Seyfarth Shaw LLP

California Appellate Panel Affirms Injunction Blocking Use Of Employee Non-Solicitation Provision In Dispute Between Travel Nurse...

Seyfarth Shaw LLP on

On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Fox Rothschild LLP

National Survey On Restrictive Covenants In Employment

Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Labor and Employment and Securities Industry practice groups as a quick reference for in-house counsel and human resource professionals. The law in this area not only...more

Fisher Phillips

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Maynard Nexsen

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Maynard Nexsen on

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The...more

Smith Anderson

Protecting Company Relationships and Information Upon an Employee Departure

Smith Anderson on

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

BakerHostetler

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

BakerHostetler on

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

Ervin Cohen & Jessup LLP

Protecting Your Information Assets – Part I

Part I: The Employment Agreement/Confidentiality Agreement It is common for a business to maintain information that gives it an edge over its competition. Such information can be as varied as customer lists, supplier...more

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