News & Analysis as of September 22, 2024

Competition

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on 9/16/2024

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

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

The Attack on Employment Noncompetes: The Status of Federal Initiatives

Clark Hill PLC on 1/30/2024

Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of...more

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on 11/29/2023

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Employment Flash - September 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 9/26/2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

A Tale of Two Trends

Robinson+Cole Manufacturing Law Blog on 8/10/2018

James Madison groupies rejoice! All others can share my confusion. Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution,...more

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