News & Analysis as of

Restrictive Covenants Jurisdiction

Kilpatrick

The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know

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The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its...more

Williams Mullen

Are Your Non-Competes Still Valid? A Summary of the New Federal Trade Commission Rule

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On April 23, 2024, the Federal Trade Commission (FTC), pursuant to sections 5 and 6(g) of the Federal Trade Commission Act (the “Act”), issued their final “Non-Compete Clause Rule” (Rule). This Rule provides that non-competes...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

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As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

Lathrop GPM

Minnesota Federal Court Enforces Noncompete Covenant Against Manufacturer’s Former Employees, but Finds No Jurisdiction over...

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A federal court in Minnesota recently granted Toro’s motion for a preliminary injunction against two former employees, while dismissing their new employer, a Canadian manufacturer, for lack of personal jurisdiction. The Toro...more

Dechert LLP

Navigating the Shift: The Future of Non-Compete Clauses

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At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more

Nilan Johnson Lewis PA

Post-Hire Advice-of-Counsel—Why the Justification Defense Can Be Used in Ongoing Restrictive Covenant Litigation

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Hiring an applicant who has a non-compete or non-solicit agreement with a prior employer creates risk for the both the individual and the new employer. The prior employer can sue both the applicant for violating the contract...more

Stark & Stark

Possible Legal Implications of Remote Work Policies

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​​​​​​​During the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes...more

King & Spalding

Jurisdictions Are Vying for the Most Restrictive Non-Compete Laws and Your State Could Be Next

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Series 3, 10 in 10: Issue 1 - Non-compete agreements are coming under increased scrutiny across the United States with several states and municipalities implementing new restrictions on these agreements in the employment...more

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

In The Zone? Defining Your Place in Real Estate

Your business thrived in spite of COVID and you need to relocate and expand your facility. So you found a suitable parcel of property on the edge of town – it's the right size and is served by all the necessary utilities... ...more

Genova Burns LLC

Restrictive Covenants For Insurance Producers: A Primer On Legal Enforceability

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As States continue to diverge in their interpretation and enforcement of restrictive covenant agreements, it is now more important than ever to ensure those agreements are drafted to conform with jurisdiction-specific laws....more

Holland & Knight LLP

Massachusetts Enacts Law on Noncompete Agreements

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• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more

Foley & Lardner LLP

Non-Compete: Who is the Bad Actor?

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Against the backdrop of a continuing trend of low rates of unemployment throughout the United States, there has been a recent surge of people searching for new and better jobs. As a result, there has also been increased...more

Orrick - Trade Secrets Group

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Seyfarth Shaw LLP

The Latest East Coast/West Coast Conflict: Massachusetts Courts Consider the Application of California Law in Non-Compete...

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Hearkening back to the rivalry between the Boston Celtics and Los Angeles Lakers in the 1980s, Massachusetts courts (as well as others around the country) have increasingly been asked to analyze the application of California...more

Burr & Forman

Are Non-Compete Agreements Right for Your Construction Company?

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Non-compete agreements, or non-competition agreements, are contracts into which an employer and an employee enter that restricts the work the employee can perform for another company when the employee’s tenure at the employer...more

Proskauer Rose LLP

A Month in UK Employment Law - August 2016

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News & Legislation Update - The UK votes to leave the EU - We could not write a roundup of news stories from the UK without referencing the UK's vote to leave the EU. The so-called "Brexit" has created...more

Pullman & Comley, LLC

Appellate Notes: Week of March 18, 2013

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In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

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