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Non-Compete Agreements › Non-Solicitation Agreements

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

Littler on

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

Mayer Brown on

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

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Fisher Phillips

Your Non-Compete and Trade Secrets To-Do List for August 2024

Fisher Phillips on

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

McAfee & Taft

Another agency attacks noncompete and nonsolicitation agreements

McAfee & Taft on

In earlier articles titled “FTC announces nationwide ban on noncompetes in the workplace” and “FTC’s ban on noncompete agreements halted … sort of”, we reported on the Federal Trade Commission’s efforts to invalidate...more

Littler

Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

Littler on

On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Mayer Brown

Singapore: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Restrictive covenants are a common feature in an employment context, especially for senior employees with special trade connections or who have access to trade secrets....more

Mayer Brown

Hong Kong: Restrictive Covenants

Mayer Brown on

Restrictive covenants with the sole aim of preventing competition will not be upheld by Hong Kong courts. In cases where there is a legitimate interest to be protected, restrictive covenants must be reasonable and not go...more

Mayer Brown

France: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Restrictive covenants are aimed at protecting the company’s economic interests for a short period of time after the termination of the employment relationship....more

Mayer Brown

Germany: Restrictive Covenants

Mayer Brown on

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

Mayer Brown

China: Restrictive Covenants

Mayer Brown on

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

McNees Wallace & Nurick LLC

Pennsylvania Imposes New Limitations on Health Care Noncompetes

McNees Wallace & Nurick LLC on

On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect...more

Mayer Brown

Brazil: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Despite Brazilian law providing no specific regulations on restrictive covenants, post-termination restrictive covenants are valid in Brazil, particularly among key employees who have valuable connections,...more

Kilpatrick

Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Saul Ewing LLP

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

Schwabe, Williamson & Wyatt PC

Shifting rules on noncompetes leaves Oregon businesses flustered

Schwabe, Williamson & Wyatt PC on

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

Kilpatrick

NLRB ALJ Finds Post-Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Fox Rothschild LLP

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

Epstein Becker & Green

Noncompetes Remain Enforceable in Rhode Island Following Governor’s Veto

Epstein Becker & Green on

On June 26, 2024, Rhode Island Governor Dan McKee vetoed a bill that would have banned nearly all noncompetes and customer non-solicits in the State of Rhode Island....more

Hendershot Cowart P.C.

Does the FTC Non-Compete Ban Apply to Non-Solicitation Clauses Too?

Hendershot Cowart P.C. on

Does the Federal Trade Commission’s (FTC) ban on non-compete clauses apply to non-solicitation clauses? It depends. The FTC ban on non-compete clauses can apply to non-solicitation agreements. However, only those that are so...more

Epstein Becker & Green

Should Employers Continue to Enter into Noncompetes with New Hires or Other Employees?

Epstein Becker & Green on

Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more

Mandelbaum Barrett PC

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

Mandelbaum Barrett PC on

Introduction - On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”)....more

Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

Proskauer - Labor Relations Update on

As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

Venable LLP

Considering Restrictive Covenants in Colorado? Get Ready to Jump Through Hoops

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While the Federal Trade Commission's (FTC) April 2024 sweeping rule prohibiting noncompete agreements has been top of mind for many employers, the rule may not be so surprising for businesses using restrictive covenants for...more

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