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How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

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

NLRB General Counsel Further Cautions on Employers’ Use of Noncompetes and ‘Stay-or-Pay’ Provisions

On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor...more

Top 10 Legal Challenges for Employers

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

DC Council Passes Bills Amending Non-Compete Ban

On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several...more

DC Non-Compete Ban Further Delayed Until October 1, 2022

Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1,...more

Updated: DC Non-Compete Ban Delayed Until April 1, 2022

In December 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020. As Arent Fox previously outlined, the Act would make the District of Columbia one of the few...more

Mayor Muriel Bowser Signed the Ban on Non-Compete Agreements Amendment Act of 2020

On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020. Update: The law will now be published...more

DC Council Passes Bill That Would Largely Ban the Use of Non-Competes in Employment

On December 15, 2020, the Council of the District of Columbia passed a bill that, if enacted into law, would largely ban employers from requiring their D.C. employees to sign non-compete agreements. If the bill is not...more

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