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Non-Solicitation Agreements

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

Littler on

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Seyfarth Shaw LLP

Georgia Supreme Court Reverses Lower Court Rulings and Holds Non-Recruitment Provisions do not Need to Contain Explicit Geographic...

Seyfarth Shaw LLP on

Jimmy Buffett once eloquently said that “without geography, you’re nowhere.”  But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out,...more

Mayer Brown

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

Mayer Brown on

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

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Fisher Phillips

Your Non-Compete and Trade Secrets To-Do List for August 2024

Fisher Phillips on

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Troutman Pepper

Preliminary Injunction Granted Against Former Employees of Wealth Management Firm

Troutman Pepper on

A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the...more

McAfee & Taft

Another agency attacks noncompete and nonsolicitation agreements

McAfee & Taft on

In earlier articles titled “FTC announces nationwide ban on noncompetes in the workplace” and “FTC’s ban on noncompete agreements halted … sort of”, we reported on the Federal Trade Commission’s efforts to invalidate...more

Littler

Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

Littler on

On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Mayer Brown

Singapore: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Restrictive covenants are a common feature in an employment context, especially for senior employees with special trade connections or who have access to trade secrets....more

Mayer Brown

Hong Kong: Restrictive Covenants

Mayer Brown on

Restrictive covenants with the sole aim of preventing competition will not be upheld by Hong Kong courts. In cases where there is a legitimate interest to be protected, restrictive covenants must be reasonable and not go...more

Mayer Brown

France: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Restrictive covenants are aimed at protecting the company’s economic interests for a short period of time after the termination of the employment relationship....more

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

Mayer Brown

China: Restrictive Covenants

Mayer Brown on

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

McNees Wallace & Nurick LLC

Pennsylvania Imposes New Limitations on Health Care Noncompetes

On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect...more

Mayer Brown

Brazil: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Despite Brazilian law providing no specific regulations on restrictive covenants, post-termination restrictive covenants are valid in Brazil, particularly among key employees who have valuable connections,...more

Kilpatrick

Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Saul Ewing LLP

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

Schwabe, Williamson & Wyatt PC

Shifting rules on noncompetes leaves Oregon businesses flustered

Employers in Oregon and across the U.S. are struggling to understand how to respond to recent conflicting decisions around noncompete clauses, which restrict workers from changing jobs in the same industry. Originally...more

Kilpatrick

NLRB ALJ Finds Post-Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Fox Rothschild LLP

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

Epstein Becker & Green

Noncompetes Remain Enforceable in Rhode Island Following Governor’s Veto

On June 26, 2024, Rhode Island Governor Dan McKee vetoed a bill that would have banned nearly all noncompetes and customer non-solicits in the State of Rhode Island....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Ban on Staffing Agency Nonsolicitation Provisions to Take Effect July 1, 2024

A new Minnesota law taking effect on July 1, 2024, will ban the use of nonsolicitation agreements by staffing agencies and other service providers to prevent their customers, or the companies that contract for the staffing...more

Hendershot Cowart P.C.

Does the FTC Non-Compete Ban Apply to Non-Solicitation Clauses Too?

Does the Federal Trade Commission’s (FTC) ban on non-compete clauses apply to non-solicitation clauses? It depends. The FTC ban on non-compete clauses can apply to non-solicitation agreements. However, only those that are so...more

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