Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
#WorkforceWednesday: Noncompete Bans Spread to New York and Beyond - Employment Law This Week®
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®
Sign on the Dotted Line: Negotiating an Effective Employment Agreement
#WorkforceWednesday: Spilling Secrets: Restrictive Covenants in the Remote Work Boom - Employment Law This Week®
MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
#WorkforceWednesday: Spilling Secrets: Hiring from a Competitor? Don't Get Sued. - Employment Law This Week®
NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
Reasonable minds can differ: Part 2
Revisiting Executive Compensation and Employee Incentive Plans
Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture
Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction
National Backlash Builds Against Non-Compete Agreements - Employment Law This Week® - Trending News
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Crackdown on Non-Solicitation Agreements, DOL Opinion Letters, New NLRB Member, State Law Developments
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
Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more
In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more
Forfeiture clauses are one tactic. They provide a meaningful disincentive for employees to engage in competitive behavior. Noncompetes are under siege on multiple fronts. Originally published in Legal Dive - September...more
In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more
The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context. The bill allows limited customer non-solicitation...more
Join attorneys from Ulmer’s Employment and Labor and Intellectiual Property Pracrices as they host a complimentary webinar on the impact of the Federal Trade Commission's (FTC) January 2023 Notice of Proposed Rulemaking...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more
Q: What is the FTC, and why is my non-compete agreement any of its business? A: The FTC is short for the Federal Trade Commission, the agency responsible for regulating, among other things, unfair methods of competition...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more
In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more
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
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate almost all employers in the nation. If this proposal becomes final it could also prohibit...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban non-compete clauses in employment agreements, which it asserts hurts workers and harms competition. The proposed rule would prevent employers from...more
Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more
The proposed rule would only permit non-competes as part of the sale of a business –and then only when the restricted individual owns at least 25% of the entity being sold. The proposed rule permits non-solicitation...more
On January 11, 2023, Elizabeth Wilkins, the Federal Trade Commission’s Director of the Office of Planning and lead staffer for the FTC’s newly proposed ban on non-competes, provided comments and answered questions about the...more
On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more
On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more
On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more
On Jan. 5, 2023, the FTC proposed a new rule that would prohibit employers from imposing non-compete agreements on their workers. The new rule would apply to new and existing non-compete agreements....more
On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more
The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more