Connecticut declines to restrain departed founder from using client list -
A Connecticut federal judge in TJT Capital Group, LLC v. Timothy McFadden denied an investment adviser’s motion for a temporary restraining order...more
4/2/2025
/ American Civil Liberties Union (ACLU) ,
Appeals ,
Artificial Intelligence ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Race Discrimination ,
Restrictive Covenants ,
Trade Secrets
Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement -
A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint -
In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
1/6/2025
/ Appeals ,
Arbitration Agreements ,
Arbitration Awards ,
Arizona ,
Blue Pencil Contract Modification ,
Confidential Information ,
Counterclaims ,
DE Supreme Court ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rules of Evidence ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement ,
Settlement Negotiations ,
Sexual Harassment ,
Tortious Interference ,
Whistleblowers
In Nunez v. Syncsort Incorporated, a Massachusetts court held that a retention bonus did not constitute not “wages” under the Massachusetts Wage Act (the “Wage Act”). The plaintiff-employee alleged that his former employer...more
10/4/2024
/ Compensation ,
Employee Retention ,
Federal Arbitration Act ,
Holiday Pay ,
Liquidated Damages ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Sexual Harassment ,
Title VII ,
Vacation Pay ,
Wage Act ,
Wages
In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act -
Under Connecticut’s civil rights law, an...more
9/4/2024
/ Americans with Disabilities Act (ADA) ,
Bullying ,
Conflicts of Interest ,
CT Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
Harassment ,
Hostile Environment ,
Non-Compete Agreements ,
SCOTUS ,
Sexual Harassment ,
Social Media ,
Supervisors ,
Title VII ,
Vance v. Ball State University ,
Vicarious Liability
On August 20, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision setting aside the Federal Trade Commission’s (“FTC”) non-compete ban (the “Rule”) and prohibiting the FTC from enforcing...more
On July 23, 2024, U.S. District Judge Kelley B. Hodge from the Eastern District of Pennsylvania issued a decision and denial of a preliminary injunction, which would have stayed enforcement of the non-compete ban (the “Rule”)...more
On July 3, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision, and subsequently a preliminary injunction, staying enforcement of the Federal Trade Commission’s (“FTC”) non-compete ban...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
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
7/3/2024
/ Carve Out Provisions ,
CFTC ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
OSHA ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief.
On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more
On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”). The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners...more
4/30/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court -
A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more
3/1/2024
/ Arbitration ,
Confidential Information ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement ,
Financial Industry Regulatory Authority (FINRA) ,
Gender-Based Pay Discrimination ,
Injunctive Relief ,
Jurisdiction ,
Non-Compete Agreements ,
Pay Equity Laws ,
Retaliation ,
Transparency ,
Wrongful Termination
On December 22, 2023, Governor Kathy Hochul vetoed a bill which, if signed into law, would have imposed a ban on non-compete agreements throughout the state, without exception. The bill, which we previously covered here,...more
Ex-employee’s golf outing with customer does not violate non-solicit -
An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more
12/4/2023
/ Appeals ,
Artificial Intelligence ,
Breach of Contract ,
Class Action ,
Confidential Information ,
CVS ,
Defend Trade Secrets Act (DTSA) ,
Employment Litigation ,
Injunctive Relief ,
Motion to Dismiss ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Private Right of Action ,
Restrictive Covenants ,
Software ,
Trade Secrets
October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges -
Compilation of...more
11/1/2023
/ Appeals ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Non-Solicitation Agreements ,
Settlement Agreements ,
Trade Secrets ,
Unions
September 2023: Enjoining competitive employment, advisor mobility, reverse discrimination, the low bar for retaliation, and litigating “Cause”
Connecticut Court Issues Temporary Restraining Order Enforcing Noncompete...more
9/19/2023
/ Affirmative Action ,
Asset Management ,
Breach of Contract ,
Employment Litigation ,
Financial Adviser ,
Non-Compete Agreements ,
Race Discrimination ,
Restrictive Covenants ,
Retaliation ,
Reverse Discrimination ,
Sexual Harassment
On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception.
The bill defines non-competes...more
Fresh off convincing the National Labor Relations Board (the Board) to declare unlawful confidentiality and non-disparagement provisions in severance agreements, the Board’s General Counsel, Jennifer Abruzzo, is setting her...more