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Good News for Employers: Texas Court Blocks FTC’s Nationwide Non-Compete Ban

On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “Rule”)....more

The Impending FTC Non-Competition Final Rule

Earlier this year, on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Final Rule”) barring nearly all non-competition provisions for most workers in the United States. The Final Rule is set...more

Federal Court Puts FTC Non-Compete Ban on Hold

Judge Ada Brown in the Northern District of Texas has stayed the effective date of the FTC’s Non-Compete Rule and granted plaintiffs’ motion for preliminary injunction against the Rule, effective July 3, 2024. The court found...more

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

FTC Issues Final Rule Banning Non-Competes

On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more

FTC Voting April 23, 2024 on Proposed Ban on Noncompetes

As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission...more

Non-Compete Q1 2024 Round Up - FTC, California, And New York

While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret...more

Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory...

Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley...more

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, And More

Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more

NLRB General Counsel Memo Seeks Aggressive Enforcement Against Employee Non-Competes

On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with...more

No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury

The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel, acquitting...more

Recent Non-Compete Trends: Courts Continue To Enforce Non-Competes While Politicians Seek To Narrow Them

The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a bang. Whether it goes into effect, in what form, and whether the Rule will...more

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

FTC Proposes Sweeping Ban of Employee Non-Competes

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule broadly seeking to ban non-compete agreements with nearly all U.S. workers, with only limited exceptions. The proposed rule would: •make it...more

Delaware Court Refuses To Enforce Or Blue Pencil Sale Of Business Non-Compete

20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the...more

California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5

What Happened? Before last week, some courts had applied the standard in California Labor Code section 1102.6 to resolve whistleblower claims under California Labor Code section 1102.5, while other courts had applied the...more

Illinois Ushers In New Restrictions On Non-competes and Non-solicits

On the heels of the bi-partisan introduction of the Workforce Mobility Act in Congress in February 2021, on May 31, 2021, the Illinois General Assembly passed amendments to the Illinois Freedom to Work Act (the “Amendments”)...more

California Supreme Court Clarifies Standards For B2B Non-Competition Agreements And Disputes In California

This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc., which resolved two questions regarding the standards to be applied for non-competition agreements and...more

New York COVID-19 Paid Leave And Recent Federal Coronavirus Developments

On March 18, 2020, Governor Cuomo of New York signed into law a statewide quarantine leave bill related to the COVID-19 pandemic (the “New York law”). The New York law went into effect immediately on March 18 and provides...more

Employment Law Trends To Watch In 2020

Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new...more

Employment Law Commentary, Volume 30, Issue 7: Protecting Investments in People and IP While Avoiding Criminal Sanctions

“Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees, account for 85% of a company’s...more

Employment Law Commentary, September 2017 - Volume 29, Issue 9: Workplace Bias And Gender Pay Equity In Silicon Valley 2017

It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital...more

The Persuader Rules: Final Opportunity to Avoid Department of Labor Reporting Requirements

The U.S. Department of Labor (“DOL”) recently issued its final regulations regarding the “advice exception” to reporting requirements of employers and lawyers under the Labor-Management Reporting and Disclosure Act. ...more

California’s New Equal Pay Law Portends Tidal Wave of Gender Pay Discrimination Claims

On October 6, 2015, California Governor Jerry Brown signed into law SB358, which amends Labor Code Section 1197.5, California’s existing gender pay equality law.1 Most of the previous statute remains intact, but the...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

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