Restraint of Trade

News & Analysis as of

Three Key Things To Remember About Restraint Of Trade Clauses

Historically courts have been reluctant to enforce restraint of trade clauses on the basis that employees are entitled to use the skill, experience, and know-how acquired during previous employment in legitimate competition...more

New DDTC Re-export Requirement – What You Need to Know

As of October 1, the State Department’s Directorate of Defense Trade Controls (DDTC) has added an additional requirement for foreign parties looking to re-export or re-transfer items that are under their jurisdiction by...more

The law regarding legal relations within Crimean peninsula has come into effect

On 27 April, the Law of Ukraine "On Ensuring the Citizens' Rights and Freedoms on the Temporarily Occupied Territory of Ukraine" came into effect. The Law establishes the specifics of regulation of legal relations within the...more

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

Non-Compete Agreements Must Be Narrowly Drafted

Erin K. Dailey and Diana Tate Vermeire recently moved for and won dismissal in a case seeking to enforce an overbroad non-compete agreement that constituted an illegal restraint on trade. As the case illustrates, non-compete...more

The Continuing Saga of Reverse Payment Patent Litigation

In FTC v. Watson Pharmaceuticals, Inc. (Supreme Court No. 12-416), the FTC unsurprisingly filed a merits brief this month again arguing that pay-for-delay (or “reverse payment”) patent settlements are presumptively...more

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