We recently reported that Kansas was in a minority of states to enact employer-friendly restrictive covenant legislation....more
After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported that “employers can expect that states will continue to introduce legislation aimed at restricting the use of...more
In March of this year, Arkansas Governor Sarah Huckabee signed into law a bill titled “An Act To Clarify That a Covenant Not to Compete Agreement Is Unenforceable for Certain Licensed Medical Professionals" (the “Act”)....more
New York State Senator Sean Ryan recently introduced Senate Bill 4641 (the “Bill”) that proposes to ban noncompete agreements for most New York employees....more
After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more
Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Kansas has joined the growing list of jurisdictions to pass or introduce...more
At the end of March, Governor Glenn Youngkin signed SB 1218, which amends Virginia’s non-compete ban for “low-wage” workers (the “Act”) to include non-exempt employees under the federal Fair Labor Standards Act (the “FLSA”)....more
As anticipated, following the end of the Federal Trade Commission’s proposed rule prohibiting employer noncompetes, states have ramped up their efforts toward limiting noncompete agreements, including some states that have...more
This week, on our Spilling Secrets podcast series, our panelists dig into trade secrets lessons employers can learn from hit movies:
In this episode, Epstein Becker Green attorneys Daniel R. Levy, Aime Dempsey, and George...more
Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Ohio has joined the growing list of jurisdictions seeking to restrict the...more
On January 3, 2025, the Washington State Legislature introduced HB1155 (the “Bill”) that, if passed, would broaden the definition of a “noncompetition covenant” and prohibit all employer-employee noncompete agreements....more
With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands....more
This week, on our Spilling Secrets podcast series, our panelists look back on the top trade secrets and non-compete stories of the year:
This year has been a rollercoaster for trade secrets and non-compete law. We’ve seen...more
This week, on our Spilling Secrets podcast series, our panelists outline the benefits of intellectual property (IP) audits and trade secret assessments for employers and organizations looking to safeguard their assets:
With...more
Last week, employers who use noncompetes got more good news with respect to the Federal Trade Commission’s proposed noncompete ban....more
Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more
8/21/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Arbitrary and Capricious ,
Chevron Deference ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labor Law Violations ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Texas ,
Unfair Competition
After what must have been a grueling two-hour and 52-minute oral argument on the merits of a challenge to the FTC’s Final Rule banning noncompetes, Judge Timothy Corrigan of the United States Court for the Middle District of...more
We previously reported that Ryan LLC (“Plaintiff”) and the United States Chamber of Commerce (“Plaintiff-Intervenor”), in anticipation of the Northern District of Texas’s merits disposition, would likely seek nationwide...more
We previously reported that the U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Comm’n, Case No. 3:24-cv-00986-E, granted a preliminary injunction staying the Federal Trade Commission’s...more
On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more
As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more
7/3/2024
/ Arbitration ,
Basketball ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Former Employee ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Motion to Compel ,
NBA ,
Proprietary Information ,
Trade Secrets
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
Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more
6/28/2024
/ Asset Protection ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more
Part 1: How Should Employers Handle Current Noncompete Disputes with Departing Employees? This three-part blog series is intended to identify and respond to three of the most frequently posed questions by employers in...more