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Non-Compete Agreements › Proposed Regulation

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 -
Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated (Part 2)

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As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated

Seyfarth Shaw LLP on

It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

Troutman Pepper

A Look at Three Noncompete Bans Under Consideration in NYC

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Verrill

Section 457(f) Plans and Noncompete Clauses: What the IRS Gave, the FTC May Take Away

Verrill on

When the IRS published proposed regulations harmonizing key provisions of Code Sections 409A and 457(f) in 2016, executive compensation lawyers and consultants rejoiced. It was not just that a long wait was over (roughly nine...more

Spilman Thomas & Battle, PLLC

Walking the Tightrope to Enforce a Non-Compete in 2024

Spilman Thomas & Battle, PLLC on

Non-competition agreements are not doing so hot. Recently, more states have outlawed or tightened restrictions on them, and the federal government has stepped into the fray in policing them. For example, the Federal Trade...more

ArentFox Schiff

Federal Trade Commission to Vote on Proposed Noncompete Ban on April 23

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On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete...more

Brooks Pierce

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

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On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context...more

Littler

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

Littler on

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

Seyfarth Shaw LLP

NYC Council Proposes Broad Non-Compete Ban

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Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for...more

Gibney Anthony & Flaherty, LLP

New York Governor Vetoes Proposed Noncompete Ban

Gibney Anthony & Flaherty, LLP on

On December 22, 2023, New York Governor Kathy Hochul vetoed S3100, a bill which would have prohibited virtually all contractual noncompete agreements restricting workers’ ability to leave their job for a role with a rival...more

White & Case LLP

Major proposed changes to US antitrust rules present new hurdles

White & Case LLP on

Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

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...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Foley & Lardner LLP

States with Penalties for Non-Compete Law Violations

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In recent months, we have written quite a bit on the continuing trend to restrict employee non-compete agreements. For example, last month we reported on New York’s sweeping ban on non-competes, which was passed by the state...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker - June 2023

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The big regulation news out of the FTC this month is a Notice of Proposed Rulemaking that would amend the Commission’s Health Breach Notification Rule. As detailed in Manatt’s thought leadership piece on the subject, the...more

Seyfarth Shaw LLP

New York Inching Toward Ban of Employee Non-Compete Agreements

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Seyfarth Synopsis: The New York State Assembly has joined the State Senate in passing legislation to prohibit non-compete clauses in employment contracts. The bill now heads to the Governor and, if signed into law, would void...more

Pullman & Comley - Labor, Employment and...

Now That They Are Finished: Developments From the 2023 Session of the Connecticut General Assembly Affecting Employers

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The 2023 Regular Session of the Connecticut General Assembly, which concluded on June 7, 2023, was not as groundbreaking as other recent legislative sessions, Many far-reaching bills that emerged from committee were not...more

Woods Rogers

Do Non-Compete Agreements Violate the NLRA?

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On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating her position that non-compete agreements violate the National Labor Relations Act (NLRA) and encouraging the...more

Stradling Yocca Carlson & Rauth

The NLRB Strikes Again, this Time It’s Noncompete Agreements

Stradling Yocca Carlson & Rauth on

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more

Steptoe & Johnson PLLC

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

Steptoe & Johnson PLLC on

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

Parker Poe Adams & Bernstein LLP

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

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In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

Keating Muething & Klekamp PLL

New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements

Keating Muething & Klekamp PLL on

Employers seeking to enforce non-compete agreements against their former employees will face a new hurdle following the latest news out of Washington, DC. National Labor Relations Board (“NLRB”) General Counsel Jennifer A....more

McDermott+

McDermottPlus Check-Up: May 19, 2023

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The House and Senate were both in session this week, with significant healthcare activity at the committee level. The House Ways & Means Committee met to discuss healthcare price transparency, and the Ways & Means Health...more

Foley & Lardner LLP

Antitrust: Heightening Expansion, Review, and Enforcement

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Manufacturing companies should actively prepare for heightened antitrust scrutiny of their business practices in 2023, including practices that have not traditionally garnered the focus of the federal antitrust enforcers. ...more

Sheppard Mullin Richter & Hampton LLP

Non-Compete and No-Poach Agreements: Towards Convergence of the US and EU Approaches?

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Following up on an earlier blog post outlining the United States Federal Trade Commission’s (“FTC”) increased regulatory action against non-compete agreements in employment contracts, a view across the pond reveals that...more

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