2024 has been the year of noncompete litigation. Since the Federal Trade Commission (FTC) announced its Final Rule in April 2024, seeking to ban noncompetes with limited exceptions, employers have been (rightfully) focused on...more
In what might be the first published case discussing California’s newest anti-non-compete laws, Cal. Bus & Prof. Code § 16600.5(a) & (b), DraftKings successfully obtained a preliminary injunction and defeated the appeal of...more
In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more
It is no secret that California is hostile to noncompetition (noncompete) agreements. As of Jan. 1, 2024, California employers cannot enforce nor enter into noncompete provisions or agreements with an employee or prospective...more
The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more