Articles Posted in Non-Competition

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On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote about it on Friday and spent the weekend reading all 216 pages of the official “Non-Compete Clause Rule Notice of Proposed Rulemaking.” So, let’s discuss it on Zoom today.

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I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That means obtaining, organizing, and presenting an entire lawsuit worth of evidence in just months or weeks. Continue reading

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I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading

I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. Continue reading

I’ve seen a lot of ink spilled by employment lawyers about how #MeToo, new overtime rules, medical marijuana, and salary history questions will be the significant issues with which employers would have to deal in 2020.

The Federal Trade Commission and I have other ideas. Continue reading

In 2016, President Obama signed the Defend Trade Secrets Act into law. A bipartisan approach to creating a nationwide enforcement mechanism, the DTSA prohibits misappropriation of trade secrets in all 50 states.

Fast forward to 2019, and the federal government is back at it again with another bipartisan bill — this time, legislation taking on non-competition agreements. Continue reading

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