News & Analysis as of

Non-Solicitation Agreements

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

Lathrop GPM

Deadline Approaching for Minnesota Anti-Poaching Compliance

Lathrop GPM on

As the deadline for the Minnesota Anti-Poaching Update draws near, franchisors are reminded to update existing franchise agreements pertaining to non-soliciting and no-poaching restrictions....more

Davis Wright Tremaine LLP

UPDATE: FTC Publishes Final Rule Banning Non-Competes: A Simple Explanation

Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more

Conn Kavanaugh

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

Conn Kavanaugh on

With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure...more

Flaster Greenberg PC

FTC Issues Non-Compete Regulations

Flaster Greenberg PC on

On April 23, 2024, the Federal Trade Commission (FTC) announced that it finalized the rules relating to non-compete clauses in employment contracts. A copy of the regulations can be found here. NOTE: These rules go into...more

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

What Claims are Related to Trade Secret Claims?

What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more

AEON Law

Patent Poetry: FTC Bans Employee Non-Compete Agreements

AEON Law on

The Federal Trade Commission (FTC) has voted to approve a proposed rule that would ban employers from using non-compete agreements with nearly all employees. The FTC estimated that one in five US workers is bound by a...more

Porter Hedges LLP

FTC’s Final Rule Banning Non-Competes: Here’s Why You Shouldn’t Panic…Yet

Porter Hedges LLP on

The Federal Trade Commission (“FTC”) made waves on April 23, 2024, when it issued a final rule that (1) voids existing non-compete agreements, with two exceptions; and (2) prohibits employers from entering into new...more

Brooks Kushman P.C.

License to Compete: Navigating the New Landscape of Intellectual Property in the Wake of the FTC’s Non-Compete Ban

Brooks Kushman P.C. on

The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule...more

Kerr Russell

Health Care Providers Affected by FTC’s Ban on Noncompetes

Kerr Russell on

This Final Rule does not take effect until 120 days after it is published in the Federal Register. Litigation seeking to prevent the Final Rule from ever taking effect has already been commenced in the United States District...more

Amundsen Davis LLC

State and Local Employment Law Update – Family Leave, Fair Labor Standards Act, Religious Accommodations and More

Amundsen Davis LLC on

In the latest round of state employment law updates family leave and religious accommodations are in the spotlight. We also highlight wage and hour laws relating to compensable time. Read the full article to see if any of...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2024

Seward & Kissel LLP on

Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

Perkins Coie on

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Flaster Greenberg PC

The FTC's New Rule Invalidates Most Non-Competition Clauses

Flaster Greenberg PC on

On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception...more

Houston Harbaugh, P.C.

The Coming Rule & Battle over Non-Compete Agreements

The battle over non-compete agreements is gearing up. The Federal Trade Commission voted last week to adopt a Final Rule, as promised back in January 2023, that largely bans non-competes. Lawsuits are being filed to block it....more

Husch Blackwell LLP

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Husch Blackwell LLP on

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

Rumberger | Kirk on

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...more

Seward & Kissel LLP

FTC Finalizes Non-Compete Rule

Seward & Kissel LLP on

On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”).  The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

ArentFox Schiff on

As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

Holland & Knight LLP on

With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Harris Beach PLLC

Summary of FTC’s Non-Compete Prohibition and Best Practices For The Business World

Harris Beach PLLC on

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the country. ...more

Kohrman Jackson & Krantz LLP

FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations

FTC RULE BANS NON-COMPETE CLAUSES FOR NON-SENIOR EMPLOYEES - Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit...more

Bodman

New DOL and FTC Rules (Maybe) Mandate Employment Changes

Bodman on

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt...more

McAfee & Taft

Oklahoma Legislature passes bill broadening scope of permissible non-solicitation agreements

McAfee & Taft on

This week, the federal government took aim at restrictive employment agreements it deemed unfair and unlawful when the Federal Trade Commission issued its final rule banning noncompetes nationwide. Meanwhile in Oklahoma, the...more

Payne & Fears

FTC Rule Bans New Non-Compete Agreements Nationwide

Payne & Fears on

Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well.  Like the...more

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Updated: Dec 28, 2021:

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Privacy Officer
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150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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