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Restrictive Covenants › Contract Terms › Non-Disparagement Provisions

Foley & Lardner LLP

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

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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

Morris James LLP

Superior Court Finds Defamatory Letter to Lender Breached Separation Agreement But Proposed Damages Were Largely Speculative

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Feenix Payment Sys., LLC v. Blum, C.A. No. N21C-05-099 EMD CCLD (Del. Super. May 29, 2024) - Plaintiffs were various corporate entities and Keith Lee, their founder and chief executive (collectively, “Feenix”). Defendant...more

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

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Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Offers More Guidance on Non-Disparagement Decision

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The NLRB’s decision last month in McLaren Macomb, holding that the mere proffer of a severance agreement containing a broad confidentiality or non-disparagement clause violates federal law, left many employers questioning...more

Lathrop GPM

NLRB Finds Confidentiality and Non-disparagement Provisions in Separation Agreement to be Unlawful...Are Handbook Policies Next?

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A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

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In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Seyfarth Shaw LLP

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

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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

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

Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

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

Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but...more

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

Maine Legislature Takes Aim at Nondisclosure Agreements

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

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more

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

Hiring? Being Hired? Uncovering the Fine Print.

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

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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