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Restrictive Covenants Private Right of Action

Foley & Lardner LLP

Noncompete Bans – Next Up: Ohio

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This month, Ohio joined the list of states with pending legislation to ban noncompetes.* With the FTC noncompete ban blocked on a nationwide basis last year, Ohio lawmakers introduced a bill on February 5, 2025, that would...more

Buchalter

Washington State Imposes Further Restrictions on the Use of Noncompetition Agreements

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On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Akin Gump Strauss Hauer & Feld LLP

New California Laws Provide Private Right of Action for Unlawful Restrictive Covenants; Require Notice to Affected Employees by...

Key Points - New California statutes provide California employees with private right of action against firms that promulgate, maintain or try to enforce unlawful restrictive covenants. By February 14, 2024, firms must...more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

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

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

Seward & Kissel LLP on

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Fisher Phillips

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

Miles & Stockbridge P.C.

California Expands Its Ban on Noncompetes with New Amendment

In July, we wrote about a bill passed by the New York State Assembly which, if signed by the governor, will prohibit nearly all noncompete agreements for workers in New York. We also wrote about a Minnesota law that went into...more

Saiber LLC

The Changing Landscape of Non-Competes and Restrictive Covenants

Saiber LLC on

A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more

Venable LLP

New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider Now Before the Ban Takes Effect

Venable LLP on

Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign...more

Benesch

New York Poised to Ban Non-Compete Agreements

Benesch on

The New York State Legislature recently passed a bill that, if signed by Governor Kathy Hochul, will prohibit businesses from entering into post-employment noncompete agreements with employees, independent contractors, or any...more

ArentFox Schiff

New York’s Potential Ban on Non-Compete Agreements: What You Need to Know

ArentFox Schiff on

New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee non-compete agreements....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

Proskauer - Law and the Workplace

Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes

On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it...more

Harris Beach Murtha PLLC

New York Set to Ban Non-compete Clauses in Employment

On June 20, the New York State Assembly passed Bill A1278B, which, together with New York State Senate’s passage of identical legislation, Bill 3100A earlier this month, would render all non-compete agreements signed or...more

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

New York State Senate Passes Prohibitions on Non-Competes

Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. ...more

Fisher Phillips

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Employers, Beware! United States Senate Introduces Bill to Limit Enforceability of Covenants Not to Compete

Effectively drafted restrictive covenants are valuable tools employers can utilize to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

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

New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements

On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with...more

Burr & Forman

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

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The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant. ...more

Eversheds Sutherland (US) LLP

UPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees

After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more

Alston & Bird

What the Defend Trade Secrets Act Means for You

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On May 11, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which received rare support across party lines, passing Congress unanimously in the Senate and by a vote of 410-2 in the House of Representatives....more

Dorsey & Whitney LLP

Quirky Question #277: Passage of the Defend Trade Secrets Act

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Question: I saw something on the news about some new trade secrets legislation. What’s going on with that? Will it help employers better protect their trade secrets?...more

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