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Restrictive Covenants State Labor Laws Intellectual Property Protection

Jones Day

JONES DAY PRESENTS®: Employer Options in a Non-Noncompete World

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Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. The U.S. Federal Trade Commission's final rule, which broadly prohibits the...more

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Littler

Maryland Enacts Law Prohibiting Non-Compete Agreements for Veterinary and Healthcare Professionals

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On April 25, 2024, Governor Wes Moore signed into law new legislation prohibiting non-compete and conflict-of-interest clauses for certain veterinary and health care professionals in the state of Maryland. The enactment of...more

Wyrick Robbins Yates & Ponton LLP

State of Confusion: The Complex Present and Uncertain Future of Employee Non-Compete Agreements

It seems like a simple question: Is the covenant not to compete in my employment agreement enforceable?  The answer is much more complex and uncertain than you might think....more

Epstein Becker & Green

Noncompetes Remain Enforceable in Maine Following Governor’s Veto That Recognizes the Importance of Noncompetes by Employers

On March 29, 2024, Maine Governor Janet T. Mills vetoed a bill that would have banned all employee noncompete agreements in the State of Maine.  Both chambers of the Maine legislature passed L.D. 1496, An Act to Prohibit...more

Troutman Pepper

Talk About Competition! New York City Considers Three Different Noncompete Bans

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Akerman LLP - HR Defense

Non-Compete Clarity: California Employers Must Provide Notice of Non-Competes to Employees By February 14, 2024

New California laws intended to strengthen the state’s long-standing ban on non-competition agreements are set to create immediate headaches for employers in the state that have, or plan to, impose non-compete or non-solicit...more

Polsinelli

Upcoming Deadline to Notify California Employees Subject to Non-Competes

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As we reported last month, effective January 1, 2024, non-compete agreements in California are unenforceable regardless of where the contract is signed. This means employees who sign non-competes outside California, then move...more

Nelson Mullins Riley & Scarborough LLP

New Year Brings Extension of California’s Ban on Non-Competes

On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024.  New Section...more

Epstein Becker & Green

A Holiday Miracle for New York Employers and Dealmakers!

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2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their...more

Seyfarth Shaw LLP

New York Non-Compete Ban is Off the Table—For Now

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Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

Seyfarth Shaw LLP

Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

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In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most...more

Epstein Becker & Green

New York Governor: “Balance” Is Needed on Noncompete Bill

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As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...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

Epstein Becker & Green

California Amends Noncompete Law (Again) and Adds a Notice Requirement

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California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances....more

Seyfarth Shaw LLP

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

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California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

Epstein Becker & Green

California Expands Noncompete Restrictions

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This year, California was one of many states to enact legislation restricting noncompetes.  California has long had the strictest noncompete law, and employee noncompetes are already void under California Business and...more

Seyfarth Shaw LLP

Questions Remain Regarding Adequate Consideration under Illinois’ Freedom to Work Act

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On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in...more

Epstein Becker & Green

Reminder: Minnesota Non-Compete Ban Takes Effect on Saturday, July 1

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As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes.  The state’s new law renders void and unenforceable all covenants not to...more

Nelson Mullins Riley & Scarborough LLP

Proposed Broad Non-Compete Ban Looms for New York Employment Sector

On June 20, 2023, the New York Senate sent bill S.3100A/A.1278B to the desk of Governor Kathy Hochul to prohibit non-competition agreements broadly throughout New York State.  This bill, if signed into law, will take effect...more

FordHarrison

New York Lawmakers Propose Banning Noncompete Agreements

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Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more

Robinson & Cole LLP

New York Inches Closer to Banning Non-Compete Agreements

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The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more

A&O Shearman

New York State Poised to Ban Non-Competes

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On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York...more

Epstein Becker & Green

Noncompete Ban Passes State Assembly; Heads to New York Governor For Possible Signature

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Earlier yesterday (June 20, 2023) the New York State Assembly voted in favor of a noncompete ban that was passed by the New York State Senate on June 7.  In previous posts here and here, we have discussed in detail this bill...more

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