In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more
As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any employer-friendly actions taken during the previous administration. On February 21, 2023,...more
In a victory for the plaintiffs’ bar, the Illinois Supreme Court has ruled that all claims under Illinois’s Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., are subject to a five-year statute of...more
2/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IL Supreme Court ,
Stays ,
Written Consent
Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more
A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more
9/2/2022
/ Appeals ,
Business Litigation ,
Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
Liability ,
Purchase Agreement ,
Title VII
On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more
9/2/2022
/ Choice-of-Law ,
Choice-of-Venue ,
Colorado ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Highly Compensated Employees ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a...more
8/27/2021
/ Employer Liability Issues ,
Employment Contract ,
Enforceability ,
Governor Pritzker ,
Illinois ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Noncompliance ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets
Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480 into law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing...more
5/12/2021
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Certifications ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Governor Pritzker ,
Human Rights Act ,
New Legislation ,
Reporting Requirements ,
State and Local Government ,
State Legislatures