Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more
On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule. “The Rule shall not be enforced or...more
On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements....more
On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more
As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers.
ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more
4/30/2024
/ Audits ,
Confidential Information ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Nonprofits ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in...more
4/24/2024
/ Department of Labor (DOL) ,
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 ,
U.S. Commerce Department
On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete...more
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
3/13/2024
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Confidential Information ,
Contract Terms ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Former Employee ,
Intellectual Property Protection ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee non-compete agreements....more
Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee non-compete agreements and require rescission of existing non-compete agreements....more
On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum asserting that most post-employment non-competition agreements for...more
In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To...more
In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and...more
If yours is one of the many companies considering new employment incentives, enhanced benefits, and retention bonuses, you should also consider taking another look at your non-compete covenants at the same time. They might...more