Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act
Noncompete Agreements - Traps for the Unwary: Part 2
Noncompete Agreements - Traps for the Unwary: Part 1
Part 2: Practical Considerations in Managing the Risk of Employing Former Government Employees
Part 1: Practical Considerations in Managing the Risk of Employing Former Government Employees
COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Potential Employer Liability for Late Manifesting Occupational Diseases
Protecting Trade Secrets When Employees Depart
When considering whether to place employees under post-employment restrictive covenants, employers often consider including customer non-solicitation provisions in addition to or as an alternative to the traditional...more
Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more
When it comes to enforceability of a non-compete clause, the prospect of a raise for the employee can in some instances be an argument in favour of the employer....more
On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...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
Against a growing trend of legislation and broader efforts seeking to limit or eliminate post-employment noncompetition restrictions, recent Massachusetts and First Circuit decisions in a dispute between DraftKings and one of...more
In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more
Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more
AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more
AT A GLANCE - The only post-employment restrictive covenant explicitly stipulated under the People’s Republic of China’s (PRC) labour laws is the non-compete restrictive covenant. The employer and the employee may agree on...more
In a recent case in Denmark, an employer lost its right to obtain an injunction against a former employee performing consultancy work for a competitor....more
In Manulife Financial Asia Limited and Kenneth Joseph Rappold & Others [2024] HKCFI 989 (date of decision: 5 April 2024), the Hong Kong High Court refused a company’s application to enforce a 12-month non-compete clause...more
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
On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more
The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....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
As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement...more
In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more
Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more
Frontline Techs. Parent, LLC v. Murphy, C.A. No. 2023-0546-LWW (Del. Ch. Aug. 23, 2023) - This non-compete decision reminds drafters to pay careful attention to scope and definitions, in particular language covering the...more
2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more
When litigating employment non-competition covenants, issuance by the court of a preliminary injunction may be more important than the ultimate outcome of the litigation. Depending on the circumstances, the injunction can...more