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New York State Proposes Bill That Would Place Restrictions on Noncompetes and Other Restrictive Covenants

With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands....more

Pennsylvania Plaintiff That Failed in Effort To Block FTC Noncompete Ban Drops Lawsuit

Last week, employers who use noncompetes got more good news with respect to the Federal Trade Commission’s proposed noncompete ban....more

A Holiday Miracle for New York Employers and Dealmakers!

2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their...more

An Update on the New York Noncompete Ban: It is Unlikely the Governor Will Sign it Anytime Soon

We wrote previously about how nobody seemed to be talking seriously about the noncompete bill that was passed by both the New York General Assembly and Senate last month. If signed by Governor Hochul, the bill would ban...more

Why Is Virtually Nobody Talking Seriously About New York’s Potential Noncompete Ban?

Earlier this year, legislation was proposed in New York that would effectively ban all post-employment noncompetes. Few paid close attention to the proposals, ostensibly because similar legislation is proposed virtually every...more

DOJ Fails Again in a No-Poach Prosecution

A Ruling and Order issued on April 28, 2023 by the U.S. District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute...more

100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban

As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning noncompetes nationwide by an additional 60 days....more

Biden Issues Executive Order Encouraging Federal Action to Limit or Ban Non-Compete Agreements

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy, which encourages the Federal Trade Commission (“FTC”) to employ its statutory rulemaking authority “to curtail the...more

Less Than a Month After DOJ Brings Its First Wage-Fixing Indictment, DOJ Brings Its First “No-Poach” Indictment

In the past month, the U.S. Department of Justice (DOJ) has made good on its 2016 threat, contained in its Antitrust Guidance for Human Resource Professionals (“Antitrust Guidance”) to bring criminal charges against people or...more

With Wage-Fixing Indictment, Department of Justice Initiates Long-Promised Criminal Proceedings

Earlier this month, the U.S. Department of Justice (“DOJ”) announced that a federal grand jury in Texas indicted Neeraj Jindal, the former owner of a physical therapist staffing company, in connection with an illegal...more

State Attorneys General Write to FTC Opposing Non-Compete Clauses in the Workplace

On January 9, 2020, the Federal Trade Commission (“FTC”) held a public workshop in Washington, DC to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission rule that would...more

Keeping Pace in the Fast-Moving World of Trade Secrets and Employee Mobility

In managing workforces, particularly when addressing employee turnover, employers often find themselves facing issues regarding how best to safeguard their confidential business information and how to protect their...more

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