Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more
8/21/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Summary Judgment
The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide...more
8/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more
5/8/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Prior to the enactment of the Georgia Restrictive Covenant Act (“RCA”), Georgia courts interpreted noncompete provisions entered into in the context of selling a business differently than they did between employers and...more
In Tanium v. Yago et al., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant...more
Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more
6/20/2020
/ Abuse of Discretion ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Intellectual Property Protection ,
No-Hire/No-Solicitation Agreements ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants
Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) (“RCA”) governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted the RCA since its inception. In Bearoff v. Craton,...more
9/4/2019
/ Appeals ,
Breach of Contract ,
Business Disputes ,
Business Litigation ,
Cease and Desist Orders ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Confidential Information ,
Contract Terms ,
Intellectual Property Protection ,
Liquidation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Selling a Business ,
Statutory Interpretation
The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) governs non-compete agreements in Georgia entered into after May 2011 and sets forth that such agreements can be used only with respect to certain employees. ...more
3/14/2019
/ Appeals ,
Competition ,
Confidential Information ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Job Duties ,
Non-Compete Agreements ,
Restrictive Covenants
Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more
12/7/2018
/ Anti-Piracy ,
Appeals ,
Breach of Contract ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Staffing Agencies
Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by...more
11/21/2017
/ Appeals ,
Cease and Desist Orders ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Geographic Markets ,
Hiring & Firing ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants