Popular, Non-Disclosure Agreement

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on 8/16/2024

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

CFTC Fines Commodities Trader $55 Million in First-Ever Whistleblower Rule Enforcement Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/26/2024

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

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

Davis Wright Tremaine LLP on 5/9/2024

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

FTC Final Rule Banning Non-Competes Faces Uncertainty

Axinn, Veltrop & Harkrider LLP on 5/8/2024

The Federal Trade Commission’s final rule banning non-competes was published in the Federal Register Tuesday, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing...more

FTC Issues Final Rule Banning Non-Compete Agreements

Rumberger | Kirk on 4/30/2024

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

Risks Make AI Workplace Policies a Requirement

Foster Swift Collins & Smith on 8/30/2023

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization. As with most modern technologies, the use of AI-powered apps and tools comes with its own set...more

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

Holland & Hart LLP on 8/4/2023

Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Regulating AI: An Overview of Federal Efforts

Rothwell, Figg, Ernst & Manbeck, P.C. on 8/2/2023

This first part of a two-part series on U.S. regulation of artificial intelligence systems provides an overview and modern context for the existing regulatory, legal and risk management landscape for AI systems in the U.S.,...more

Massachusetts Court Dismisses Robotics Company’s Chapter 93A Claim Because Company Did Not Allege Former Employee Used or...

Nutter McClennen & Fish LLP on 6/14/2023

In Vicarious Surgical Inc. v. Beth Tragakis, Judge Salinger, sitting in the Massachusetts Business Litigation Session, dismissed a robotics company’s Chapter 93A claim for lack of any allegations that the robotics company was...more

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

Morgan Lewis - Tech & Sourcing on 5/31/2023

As part of our Spotlight series, we invited litigation partners Dana E. Becker (Philadelphia), Shon Lo (Chicago), and Krista Vink Venegas, Ph.D. (Chicago), to talk about recent trends and issues in IP-related and other...more

China's Cyberspace Administration Proposes Draft Rules to Regulate Generative AI

Davis Wright Tremaine LLP on 5/24/2023

Regulator proposes requiring content moderation, algorithmic transparency, data protection and security, nondiscrimination, and quality of training data - Regulators around the globe are paying close attention to the...more

Not half bad: New Virginia employment laws to take effect July 1

Constangy, Brooks, Smith & Prophete, LLP on 5/11/2023

The Virginia General Assembly has ended its 2023 legislative session, and it was a quieter year than some in the past. The new legislation that has been signed into law by Gov. Glenn Youngkin (R) and that affects employers is...more

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on 1/30/2023

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

Washington Attorney General Cracks Down on Fake Reviews

Kelley Drye & Warren LLP on 1/2/2023

We have previously discussed the emphasis that the FTC has put on fake reviews throughout 2022, with proposed updates to the Endorsement Guides and a proposed rule to combat fake reviews in addition to enforcement efforts....more

Why Ontario Employers Should Review Employment Contracts Now

Bennett Jones LLP on 8/18/2022

Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...more

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

Sheppard Mullin Richter & Hampton LLP on 11/22/2021

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

Kannuu v. Samsung: Forum Selection Clause Did Not Prohibit IPR Challenges

Rothwell, Figg, Ernst & Manbeck, P.C. on 2/4/2021

In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd., No 19-civ-4297 (S.D.N.Y Jan. 19, 2021), the parties’ forum selection clause in their non-disclosure agreement did not prevent Samsung Electronics Co., Ltd. (“Samsung”) from...more

Why Patents Can Matter In Trade Secret Cases

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020

Littler on 9/11/2020

The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and...more

Individual Criminal Liability For Failure To Disclose Data Breach Establishes A New Level Of Risk For Companies And Executives

Vinson & Elkins LLP on 9/2/2020

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential...more

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