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Restrictive Covenants Non-Solicitation Agreements Corporate Counsel

Fisher Phillips

Washington Just Turned Many Non-Solicitation Agreements into Illegal Non-Competes: Tips on How You Can Still Protect Your Business

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Washington state law just changed in a way that might have made your company’s non-solicitation agreements unenforceable and illegal. Recent amendments to the state non-compete statute took effect on June 6 and significantly...more

Harris Beach PLLC

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

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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

Foster Garvey PC

Important Changes to Washington’s Noncompete Law

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A bill amending Washington’s noncompete law (RCW 49.62) goes into effect on June 6, 2024. One of the changes will require prompt review and likely revisions of existing non-solicitation agreements....more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

A&O Shearman

New Seventh Circuit Decision Brings Increased Risk for No-Hire and Non-Solicitation Clauses

A&O Shearman on

On August 25, 2023, in Deslandes v. McDonald’s, the Seventh Circuit Court of Appeals vacated and remanded a district court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in McDonald’s...more

Mintz - Employment Viewpoints

A Closer Look at New York State’s Proposed Ban of Non-Compete Agreements

Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more

Latham & Watkins LLP

New Minnesota Law Bans Most Post-Employment Non-Competes: 6 Key Takeaways

Latham & Watkins LLP on

Minnesota has enacted one of the strictest state non-compete laws in the US, banning almost all post-termination non-competes between employers and their employees and between employers and certain independent contractors...more

Littler

Minnesota Is Poised to Enact a Law Banning Virtually All Non-Compete Agreements

Littler on

A proposed law banning virtually all covenants not to compete (also known as non-compete agreements) is headed to the Minnesota State Senate and House of Representatives, where it is widely expected to pass.  Once it arrives...more

White & Case LLP

Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements

White & Case LLP on

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

Seyfarth Shaw LLP

A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

Seyfarth Shaw LLP on

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was...more

Bennett Jones LLP

Demise of the Restricted Covenant?

Bennett Jones LLP on

Recent amendments to the Employment Standards Act, 2000 (Ontario) and the Competition Act (Canada) may be sounding the death knell for certain restricted covenants in Ontario—both non-competition covenants given by employees,...more

Seyfarth Shaw LLP

Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

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A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights...more

Bennett Jones LLP

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

Bennett Jones LLP on

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Littler

Colorado Criminalizes Certain Restrictive Covenants

Littler on

Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S.  Effective March 1,...more

Seyfarth Shaw LLP

Collaborate Away: Ninth Circuit Rules that Non-Solicitation Provisions in Collaboration Agreements Are Not Per Se Violations of...

Seyfarth Shaw LLP on

A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman...more

Fisher Phillips

Lessons to be Learned: Federal Appeals Court Strikes Down Non-Compete Provision and Limits Non-Solicitation Provision

Fisher Phillips on

A federal appeals recently addressed two important questions in a critical restrictive covenant case, providing important guidance for employers drafting non-compete and non-solicitation provisions and underscoring how the...more

Fisher Phillips

7 Key Takeaways for Employers as Illinois Passes Groundbreaking Restrictive Covenant Agreement Law

Fisher Phillips on

Illinois Governor J.B. Pritzker recently signed a new law into effect that amends the Illinois Freedom to Work Act (IFWA) and creates greater obstacles for employers when it comes to the enforceability of restrictive...more

BCLP

Illinois Enacts Sweeping Reforms to Non-Compete and Non-Solicit Agreements - What All Employers Need To Know

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The Illinois General Assembly has enacted sweeping changes to the Illinois Freedom to Work Act, 820 ILCS § 90, et seq. (the “Act”), which will limit the use of covenants not to compete (“non-competes”) and covenants not to...more

Fisher Phillips

Supreme Court of Pennsylvania Provides A 7-Step Roadmap to Employers While Striking Down No-Hire Agreement

Fisher Phillips on

In a decision resolving a dispute that has been pending for nearly five years, the Supreme Court of Pennsylvania just voided a no-hire provision entered into by two companies that bound one of them from hiring former...more

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

Maryland Prohibits Noncompetes for Low-Wage Employees

A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating...more

Jackson Lewis P.C.

Court Rejects Delaware Choice Of Law Provision In Refusing To Enforce Customer Non-Solicitation Covenant Against California...

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On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff...more

White and Williams LLP

Signed, Sealed, Delivered, I’m (Not) Yours: How a Lapse in Record Keeping Can Lead to Non-Binding Contracts

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Usually, once a contract is signed, sealed and delivered, it is a binding agreement between the parties. However, a recent Delaware case serves as a reminder that a murky path to a signed agreement and lack of good...more

Littler

Colorado Court Decides Issue of First Impression on Restrictive Covenants

Littler on

The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more

Nilan Johnson Lewis PA

In-House Lawyers Can Be Subjected to Restrictive Covenant Agreements, A Recent Decision Suggests

Lawyers generally believe non-competes don’t apply to the profession.  That’s mostly true, including for in-house counsel.  A recent court decision calls this into question....more

Foley & Lardner LLP

Employers Face Hurdles in Enforcing Non-Competes Against Lower-Wage Workers

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Employers requiring lower-wage employees to sign and abide by non-competition and non-solicitation of clients provisions may want to find another mechanism to protect business goodwill and confidential information. Courts...more

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