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Hiring & Firing › Choice-of-Law

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Health Care Compliance Association (HCCA)

But we have an arbitration clause: Considerations when hiring Californians

Health Care Compliance Association (HCCA) on

It’s 4:45 p.m. on Friday. The human resources (HR) director calls and tells you that your company—or if you are outside counsel, your client—is finally expanding their sales operation to the West Coast. As part of that...more

Fisher Phillips

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

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The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Mitchell, Williams, Selig, Gates & Woodyard,... on

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Epstein Becker & Green

[Webinar] Drafting Enforceable Restrictive Covenants and Confidentiality Agreements for Multi-State Employers - April 5th, 12:30...

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The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country. Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more

Epstein Becker & Green

[Virtual Event] Hot Employee Mobility Issues in the COVID-19 Era - November 12th, 12:00 pm - 1:00 pm ET

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COVID-19 has not only created a plethora of workplace safety, accommodation, and leave issues, it has also created new employee mobility challenges for employers: - How can employers maintain the “trade secret” status of...more

Seyfarth Shaw LLP

6th Circuit Bolsters Employer’s Right to Contract for Chosen Law

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As many of our blog readers will know, the enforceability of restrictive covenants often depends on which state’s law applies to the dispute. For example, California is well known for refusing to enforce employee...more

Jaburg Wilk

Employment Non-Competition Covenants- What Law Applies and Why The Answer To That Question Is So Important

Jaburg Wilk on

Many Arizona employees are often subject to non-compete agreements, or “covenants,” in which the employee agrees in advance to not compete with his or her employer for some time after leaving or being terminated by the...more

Faegre Drinker Biddle & Reath LLP

Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete

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There are many notable east coast-west coast rivalries. In sports (Celtics versus Lakers basketball), in leisure (Atlantic versus Pacific beaches), or in food (Shake Shack versus In-N-Out Burger), to name a few. With respect...more

Jackson Lewis P.C.

Washington State Legislature Sends Comprehensive Non-Compete Bill To Governor’s Desk

Jackson Lewis P.C. on

On April 26, 2019, the two chambers of the Washington Legislature passed Engrossed Substitute House Bill 1450 (“HB 1450” or the “Non-Compete Act”), which regulates non-competition agreements with employees and independent...more

Holland & Knight LLP

The Duty of Confidentiality and the Choice of Law

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The District of Rhode Island answered an interesting question recently: which jurisdiction's law should define the duty of confidentiality owed to an employee's Italian-based former employer? Here, the plaintiff asserted...more

Goulston & Storrs PC

Breaking Down the New Massachusetts Noncompete Rules for Employees

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In the four months since the Massachusetts Noncompetition Agreement Act became effective, employers have learned the hard way that implementing the new rules is a lot harder than it seems....more

Foley & Lardner LLP

The Latest and Greatest Updates About Non-Compete and Non-Solicitation Agreements in California

Foley & Lardner LLP on

Employers everywhere should be familiar with California’s strict rules against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees. Practically speaking, the rule has...more

Bowditch & Dewey

HRMA Perspectives publishes “The Supreme Judicial Court and the New Law Imposing Restrictions on Non-Compete Agreements in...

Bowditch & Dewey on

Earlier this summer, Governor Baker signed into law a long-awaited bill restricting the use of non-competition agreements. This bill took effect on October 1, 2018, and will apply to agreements entered on or after that date....more

Mintz - Employment Viewpoints

New Massachusetts Non-Compete Law Goes Into Effect October 1, 2018

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Non-compete reform has come to Massachusetts, with wide-ranging legal and practical implications for any employers with workers in Massachusetts. Employers have just six weeks to consider and adopt a new approach to...more

White and Williams LLP

New Massachusetts Law Substantially Restricts Employee Non-Compete Agreements

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Today, August 10, 2018, Massachusetts Governor Charlie Baker signed into law a comprehensive economic development act which amends the Massachusetts General Laws Chapter 149 to create a new Section 24L, which will impose...more

FordHarrison

Non-Compete News: Massachusetts Legislature Passes Non-Compete Legislation

FordHarrison on

As discussed in our prior Alert, the Massachusetts Legislature has been considering legislation focused on reforming non-compete covenants. The Legislature has now passed a major overhaul of non-compete law, known as the...more

Littler

Massachusetts Legislature Passes Comprehensive Noncompete Reform

Littler on

After years of negotiation, on July 31, 2018, the Massachusetts legislature finally was able to pass legislation that, if signed by Governor Charlie Baker, would significantly limit the enforceability of noncompetition...more

Seyfarth Shaw LLP

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

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This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more

Mintz - Employment Viewpoints

New Year’s Resolution Series – Ringing Your Post-Employment Covenants into the New Year

Mintz - Employment Viewpoints on

Many state legislatures spent 2017 tinkering with post-employment covenants. Given the growing trend to legislate locally and the employee mobility issues that seem to nag every employer, we thought the New Year would be a...more

Orrick - Trade Secrets Group

Courts Continue to Enforce Foreign Non-Competes in California While the Window for Such Agreements Slowly Closes

Orrick - Trade Secrets Group on

Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more

Proskauer - California Employment Law

California Employee Required to Challenge Non-Compete Clause in Indiana

Proskauer - California Employment Law on

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment...more

Payne & Fears

On the Horizon: Laws Going Into Effect in Early 2017

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The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more

Davis Wright Tremaine LLP

California Employment Law Update: What’s New for 2017

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This is our year-end assessment of the most important developments for California employers. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. The California legislature once again had a busy...more

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