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Non-Compete Agreements › Risk Management

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 -
Baker Botts L.L.P.

Intellectual Property Report

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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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

Baker Donelson

Trust, but Verify: The Power of Audits to Protect Your Competitive Edge as Non-Compete Ban Looms

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Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple...more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

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As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

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On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Bass, Berry & Sims PLC

2024 Healthcare Private Equity Outlook & Trends

Bass, Berry & Sims PLC on

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

Mandelbaum Barrett PC

Veterinary Law Newsletter: Volume 25

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Exciting news from the National Veterinary Law Group at Mandelbaum Barrett PC! Our latest newsletter is here, and it’s packed with valuable insights for the veterinary industry. In this issue, you’ll find informative articles...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

Dorsey & Whitney LLP on

Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Blank Rome LLP

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

Blank Rome LLP on

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Littler

The Netherlands: A competing former employee? Take action!

Littler on

Employers in the Netherlands should take action if they find out that a (soon-to-be or) former employee is going to work for a competitor. If they do not do so or fail to do so on time, they risk being left empty-handed, as...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

American Conference Institute (ACI) on

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

Seyfarth Shaw LLP

No Good Deed Goes Unpunished: Return to Work May Mean Reduced Protections for Trade Secrets and Customer Goodwill

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Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees are being rehired and reactivated. ...more

Tucker Arensberg, P.C.

Trade Secrets 101: If You Want To Call Something a Trade Secret, You Have To Take Steps To Protect It

Tucker Arensberg, P.C. on

Courts have long held that, in order for something to be considered a “trade secret,” a business owner has to actually make efforts to keep the supposed trade secret a secret.  It stands to reason that if no efforts are made...more

Robinson+Cole Manufacturing Law Blog

Protecting a Manufacturer’s Competitive Advantage: Recent Developments in Post-Employment Restrictions

Robinson+Cole Manufacturing Law Blog on

I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage.  See  “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more

Gray Reed

Who Pays When Your New Employee Brings Your Competitor’s Trade Secrets?

Gray Reed on

Days ago, engineer Anthony Levandowski was indicted on criminal charges accusing him of stealing information from Google-owned Waymo and taking it to Uber. While the indictment alleges he downloaded 14,000 documents...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

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Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

Cozen O'Connor

Five Tips for Protecting Your Company’s Trade Secrets

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Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting...more

Polsinelli

Employer Beware: Considerations When Hiring a Competitor’s Employees

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Restrictive covenants, such as non-competition and non-solicitation agreements, typically assist employers to protect their legitimate business interests.  ...more

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

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

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“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its...more

FordHarrison

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

FordHarrison on

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Seyfarth Shaw LLP

Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping

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An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives...more

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

At Will? What’s That?

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Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

Carlton Fields

Managing the Risks of a Mobile Workforce

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Retiring after 30 years with the same company is rare today. The symbolism of a retirement party and a gold watch will be lost on generations as frequent employee transition between companies becomes the norm. ...more

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