4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses
#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This Week®
Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace
On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more
You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more
When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more
The Commodity Futures Trading Commission (CFTC) has joined the list of federal agencies targeting employment nondisclosure agreements and other restrictive covenants that allegedly restrict employees from making reports to...more
In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few...more
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more
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
We have often written about the SEC’s whistleblower program and, in particular, the success of the program with respect to detecting and preventing violations of the federal securities laws. The success of the program...more
By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more
In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more
Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more
On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further...more
On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more
NDAs are everywhere in M&A and other commercial transactions, but disclosing parties occasionally forget the original reasons for signing an NDA and, as a result, key clauses may be dropped. An occasional refresher on NDA...more
Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination,...more
Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long...more
In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more
Non-disclosure agreements (“NDAs”) can play a key component in encouraging American businesses to hire personnel, entrust them with valuable or confidential information, enter into joint ventures with other companies and...more
Many companies hire employees that have gained experience at competitors. In fact, it is fairly standard; and there isn’t anything wrong with that practice. After all, employees are generally able to take their knowledge,...more
California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more
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
The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking...more
Contemplating an M&A transaction? Negotiating a confidentiality agreement, often referred to as a non-disclosure agreement or “NDA,” is one of the first steps in the M&A process. Although NDA negotiations may seem like a...more
This survey has been provided by the Fox Rothschild Labor and Employment and Securities Industry practice groups as a quick reference for in-house counsel and human resource professionals. The law in this area not only...more
Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more