News & Analysis as of

Non-Disparagement Provisions Contract Terms Non-Compete Agreements

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

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

Rhode Island Nondisclosure Agreements Bill Moves to Governor; Senate Passes New Noncompete Ban

The Rhode Island legislature recently moved two bills forward that would limit employers’ use of restrictive covenants with employees. On June 19, 2023, the Rhode Island House of Representatives passed a bill, Senate Bill (S)...more

ArentFox Schiff

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

ArentFox Schiff on

In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

Husch Blackwell LLP

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel...

Husch Blackwell LLP on

In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more

Verrill

What’s Next: How to Respond to the National Labor Relations Board (NLRB) Current Policies Surrounding Confidentiality and...

Verrill on

The Background: McLaren Macomb - On February 21, 2023, the National Labor Relations Board (“the Board”) decided McLaren Macomb, a case where a hospital offered severance pay to eleven permanently furloughed employees in...more

Husch Blackwell LLP

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel...

Husch Blackwell LLP on

The Labor Law Insider invites two experienced counsel, attorneys Terry Potter and Tom O’Day, to explore the implications of the National Labor Relations Board’s decision in McLaren Macomb, issued in late February, as well as...more

Kohrman Jackson & Krantz LLP

NLRB Offers New Guidance on Recent Severance Agreement Decision: Here’s What Employers Need to Do Now

Last month we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren,...more

Kohrman Jackson & Krantz LLP

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

THE MCLAREN RULING - Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more

Seyfarth Shaw LLP

Preventing the “Face” of Your Company from Doing an About-Face for a Competitor

Seyfarth Shaw LLP on

We previously wrote about whether Peloton instructors are (or should be) subject to non-compete agreements owing to their prominent role as the “face” of the company. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hiring? Being Hired? Uncovering the Fine Print.

Clauses in employment contracts may appear benign when a contract is signed, but then later balloon into serious problems. This article will address several of the issues that we see commonly litigated, helping you to...more

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