News & Analysis as of May 31, 2025

Non-Solicitation Agreements

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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 -

5 Key Takeaways | Protecting Your IP When People are Coming and Going

Kilpatrick on 5/12/2025

Kilpatrick’s Katie Barton, Nena Bains, and Destiny Williams recently presented a webinar in partnership with the Association of Corporate Council on the topic of “Protecting Your IP When People are Coming and Going.”...more

Shifting rules on noncompetes leaves Oregon businesses flustered

Schwabe, Williamson & Wyatt PC on 7/11/2024

Employers in Oregon and across the U.S. are struggling to understand how to respond to recent conflicting decisions around noncompete clauses, which restrict workers from changing jobs in the same industry. Originally...more

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on 3/7/2024

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2023

Seyfarth Shaw LLP on 11/8/2023

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

National Survey on Restrictive Covenants - Updated 2023

Fox Rothschild LLP on 7/19/2023

As many know, restrictive covenant law is in a constant state of flux and varies considerably from state to state. Moreover, restrictive covenant law changes frequently and often requires a fact-specific analysis. Over the...more

Why Ontario Employers Should Review Employment Contracts Now

Bennett Jones LLP on 8/18/2022

Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...more

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 5/11/2022

The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022

Epstein Becker & Green on 8/31/2021

Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...more

Non-Compete News: Illinois Legislature Changes the Game on Non-Compete Agreements

FordHarrison on 8/26/2021

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

Illinois Governor Signs Restrictive Covenant Bill Into Law

Proskauer - Law and the Workplace on 8/19/2021

On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more

[Webinar] Developments, Updates & Predictions on Trade Secret & Non-Compete Laws for 2021 - March 30th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 3/10/2021

As enforcement of non-compete agreements and non-solicitation provisions have become more challenging in California, trade secret protection becomes more important to protect your company’s assets. In addition, due to the...more

Non-Compete News: No-Hire Provisions Under the Georgia Restrictive Covenants Act

FordHarrison on 6/20/2020

Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more

Massachusetts’ High Court Pumps the Brakes on Equitable Tolling of Restrictive Covenant

Seyfarth Shaw LLP on 2/5/2020

For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more

Delaware Supreme Court Examines Director Liability for Acquisitions

Stinson - Corporate & Securities Law Blog on 1/20/2020

In McElrath v. Kalanick et al, the Delaware Supreme Court examined the liability of directors of Uber for an acquisition. The case arose out of Uber’s acquisition of Ottomotto LLC. Otto was founded by Anthony Levandowski, a...more

2019 Wrap Up: States Continue to Limit the Enforceability of Employee Non-Competition Agreements

Verrill on 12/18/2019

Most employers use contracts to protect their customer relationships and proprietary information from unfair competition by employees. They must. If they do not, they may lose their ownership rights in such business...more

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Farella Braun + Martel LLP on 10/8/2019

Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more

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

Faegre Drinker Biddle & Reath LLP on 9/18/2019

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

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Fisher Phillips on 3/30/2017

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

Protecting Company Relationships and Information Upon an Employee Departure

Smith Anderson on 10/16/2015

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Thieves Among Us? Protecting Trade Secrets From Employee Theft

Foley & Lardner LLP on 7/15/2015

Employee trade secret theft is a serious problem, and getting worse. According to an analysis of federal court cases filed over a 58-year period, 85 percent of trade secret theft was committed by employees or business...more

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