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Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
Trade Secrets in Hollywood: Lessons from Oscar-Nominated Films - Employment Law This Week® - Spilling Secrets Podcast
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OK at Work: Navigating Customer Terms and Usage
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Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
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Wyoming, with the introduction of Wyo. Stat. §1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions....more
New York Senate Bill 7676B regulates contracts for the creation and use of digital replicas. This law took effect on January 1, 2025. The law defines “digital replica” as “a digital simulation of the voice or likeness of an...more
Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. The U.S. Federal Trade Commission's final rule, which broadly prohibits the...more
It seems like a simple question: Is the covenant not to compete in my employment agreement enforceable? The answer is much more complex and uncertain than you might think....more
On March 29, 2024, Maine Governor Janet T. Mills vetoed a bill that would have banned all employee noncompete agreements in the State of Maine. Both chambers of the Maine legislature passed L.D. 1496, An Act to Prohibit...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
On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024. New Section...more
2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their...more
Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more
In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most...more
As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more
Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more
California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances....more
As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes. The state’s new law renders void and unenforceable all covenants not to...more
Minnesota Governor Tim Walz has now officially signed into law a bill including provisions that will prohibit employment noncompetition agreements. MN SF 3035, signed by Governor Walz on May 24, 2023, restricts employers from...more
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
Joining a recent slew of other states, Illinois recently enacted a new law limiting the use of restrictive covenants and codified existing case law around their enforcement and interpretation. ...more
As we previously reported, earlier this year the District of Columbia enacted the The Ban on Non-Compete Agreements Amendment Act (the “Act”), which creates the broadest non-compete ban in the country. The Act essentially...more
Note - This article has been updated to reflect that the amendments to the Illinois Freedom to Work Act discussed in our June 9, 2021 article have now been signed into law. The law goes into effect January 1, 2022. Joining...more
It’s no secret that Illinois courts have historically been less than friendly to restrictive covenants, and non-compete agreements in particular. On August 13, 2021, Governor JB Pritzker signed into law Public Act 102-0358,...more
Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015). Senate Bill 169, which Governor Brown signed into law...more
The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah. Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation...more
Where at least one derivative claim asserted “irreparable harm” to the LLC if the member waited 90 days after its demand before filing suit, the member did not have to wait 90 days before asserting other derivative claims....more
Following in the footsteps of its neighbors Maine, Massachusetts, and New Hampshire, Rhode Island recently enacted legislation that restricts the use of non-competition agreements with certain types of employees. The Rhode...more
This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more