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Federal District Court Grants Preliminary Injunction Against FTC Rule Banning Non-Competes

On July 3, 2024, the U.S. District Court for the Northern District of Texas granted a preliminary injunction staying enforcement of the Federal Trade Commission’s (FTC) final rule prohibiting noncompetition employment...more

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

FTC Adopts Final Rule Banning Employers From Entering Non-Competes

On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more

FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes

On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was...more

FDIC Seeks to Restrict Noncompete Agreements in Bank Mergers

On March 21, 2024, the FDIC unveiled proposed revisions to its Statement of Policy (SOP) on Bank Merger Transactions, which was last amended in 2008. The revisions would increase scrutiny of bank mergers, particularly mergers...more

NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law

The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more

FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?

On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s...more

Illinois Amends Nurse Agency Licensing Act to Prohibit Noncompetes and Add New Reporting Requirements

​​​​​​​With little press coverage, Illinois just amended the Nurse Agency Licensing Act (House Bill (HB) 4666) to prohibit noncompete agreements between nurse staffing agencies and nurses or certified nursing assistants...more

Governor Pritzker Signs Illinois Noncompete Legislation Into Law

On August 13, 2021, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 672, an amendment to the Illinois Freedom to Work Act. While the law codifies substantive Illinois common law on restrictive covenants, it...more

Illinois Legislature Passes Comprehensive Non-Compete and Non-Solicitation Bill Anticipated to Be Signed by Governor Pritzker

The Illinois General Assembly recently approved House of Representatives Amendment 1 to Senate Bill (SB) 672, which would significantly reform noncompete and nonsolicitation law in Illinois. The bill will now go to Governor...more

Illinois Renews Effort to Enact Expansive Restrictive Covenant Legislation

In 2016, Illinois enacted the Illinois Freedom to Work Act (IFWA). In doing so, it became one of the first states to pass legislation in response to the Obama administration’s Call to Action, which asked states to amend their...more

10 Answers to FAQs Regarding the Illinois Day and Temporary Labor Services Act

Several amendments to the Illinois Day and Temporary Labor Services Act will become effective June 1, 2018. Staffing agencies (also known as “suppliers”) and user employers (“users”) are finding that some of the law’s...more

Illinois’s Responsible Job Creation Act Creates Additional Requirements for Staffing Agencies

Illinois’s Responsible Job Creation Act, which will become effective June 1, 2018, amends the Day and Temporary Labor Services Act with the goal of strengthening staffing industry regulation. There are around 800,000...more

Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with its...more

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

Recent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test

Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois...more

Illinois Supreme Court’s Refusal To Review Restrictive Covenant Decision Leaves Employers With Uncertainty

The Illinois Supreme Court’s recent refusal to review the Illinois Appellate Court’s controversial decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327, 2013 IL App (1st) 120327 (Jun. 24, 2013) leaves employers...more

A Sea Change in the Illinois Restrictive Covenant Agreement Framework

As we previously discussed in our blog post, the “continued employment doctrine,” which is the majority view in Illinois, is that two years of continued employment after an employee enters a restrictive covenant is...more

Watch Your Assets Series Part Four: Key Injunction Strategies

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Watch Your Assets Part Three: Why and When to Seek Injunctions and Temporary Restraining Orders

In our last two posts, we identified best practices for ensuring that a company’s house is in order, including the use of narrowly tailored restrictive covenant agreements (Part I) and adopting a company culture and behaviors...more

Watch Your Assets Part Two: Best Practices for Protecting Confidential Information

One of the primary reasons for using a restrictive covenant agreement is to protect a company’s confidential information and trade secrets. By implementing certain behaviors, a company can significantly enhance its chances of...more

Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees, and Good Will

In this series of blog posts we will examine the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who solicit clients and...more

Continued Employment as Consideration in Illinois—A Short Primer

Following the Illinois appellate court decisions in Diederich Insurance Agency, LLC v. Smith, 952 N.E.2d 165, 169 (5th Dist. 2011) and Brown & Brown, Inc. v. Mudron, 887 N.E.2d 437, 441 (3d Dist. 2008), it is well settled in...more

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