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Non-Disclosure Agreement State and Local Government

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

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On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

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On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Troutman Pepper

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

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Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Society of Corporate Compliance and Ethics...

Federal Trade Commission proposes a noncompete ban: Five things to know

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

Verrill

The Speak Out Act: Key Points You Need to Know

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With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

Brooks Pierce

No More Non-Competes? Impact of FTC’s Proposed Rule

Brooks Pierce on

Non-compete agreements have had a target on their back for some time, with several state laws already on the books to prohibit or significantly limit their use. (See laws in California, Colorado, Illinois, Maine, Maryland,...more

Sheppard Mullin Richter & Hampton LLP

Colorado’s New Restrictive Covenant Law Now Effective

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more

Bradley Arant Boult Cummings LLP

Legislators Continue to Crack Down on Confidentiality

Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements...more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

Perkins Coie on

Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Fenwick & West LLP

Happy New Year, California: New California Employment Laws Effective January 1, 2022

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Governor Gavin Newsom recently signed a slew of new bills into law at the close of California’s legislative season. Below is a summary of the new employment laws, all of which take effect on January 1, 2022....more

Davis Wright Tremaine LLP

California 2022 Employment Law Update

California lawmakers continue to remake the employment landscape, enacting several new laws for 2022, including ones that change how employers handle separation agreements, workplace investigations, and workplace safety. Here...more

Fox Rothschild LLP

California Settlement Agreement Templates Will Need a Refresh for January 1, 2022

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Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022). The law...more

Perkins Coie

California Passes New Law Addressing Settlement Agreements and Nondisclosure Agreements

Perkins Coie on

California Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.” SB‑331 expands two of California’s existing laws regarding employee settlement agreements and...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

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A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Stoel Rives - World of Employment

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015).  Senate Bill 169, which Governor Brown signed into law...more

Sheppard Mullin Richter & Hampton LLP

A “Culture Of Concealment” – Scrutinizing Overbroad NDAs

Courts are increasingly scrutinizing agreements that extend beyond what is necessary to protect bona fide confidential information and trade secrets. The recent decision in Hamilton v. Juul Labs, Inc., Case No....more

Sheppard Mullin Richter & Hampton LLP

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

Jackson Lewis P.C.

Oregon: New EEO Policy, Disclosure Requirements Take Effect October 1, 2020

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Two important provisions of the Workplace Fairness Act (WFA), which limits employers’ use of nondisclosure and nondisparagement to prevent a current or prospective employee from discussing employment discrimination or sexual...more

Pullman & Comley - Labor, Employment and...

They’re Back! What Should Employers Expect from the 2020 Connecticut General Assembly Session?

On February 5, 2020, the 2020 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 6, 2020.  Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

Kramer Levin Naftalis & Frankel LLP

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

Hogan Lovells

Virginia Employment Law Changes: Looking Back at 2019 and Ahead at 2020

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As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the Commonwealth of Virginia...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

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

New York Issues Updated Guidance on New Antidiscrimination Laws

As we previously reported, New York State significantly amended its antidiscrimination laws, with many of the changes effective as of October 11, 2019. The state issued updated FAQ guidance regarding these new requirements on...more

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