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Articles Posted in Trade Secrets and Restrictive Covenants

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The FTC is slowing its roll on its proposal to ban noncompetes. And lawsuits are in the queue.

On Monday, the Federal Trade Commission delayed any potential implementation of its proposal to ban employers from imposing noncompetes on their workers by extending the public comment period. With the extension, the FTC will now accept comments on the proposed rule until April 19. The deadline was March 20. The…

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Step aside, FTC. A bipartisan group of Senators has renewed legislation to ban most noncompetes

Who knew the handcuff graphic would get so much use in 2023? And it’s only the beginning of February! Early last month, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote all about it and then spent another hour talking about it.…

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Join us at 1 PM ET today (1/9/23) on Zoom to discuss the FTC’s new proposed noncompete ban

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. Click here…

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The feds are coming for your company’s noncompete agreements, old and new. You need to read THIS!

Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. When I shared the news on LinkedIn, someone commented, “Yeah, bold move FTC…” And I was like, “Bold move is wearing seersucker before Memorial Day. This is MINDBLOWINGLY HUGE!” Folks, it’s only January…

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The Employer Handbook Friday Zoom Happy Hour Returns on September 30, 2022 at Noon ET

With Summer winding down, it’s time to knock the dust off my Zoom Pro account, pour a beverage, and bring back The Employer Handbook Zoom Happy Hour. Most of you know the drill. But I’ll explain for the newer subscribers. On Fridays, often flanked by a FisherBroyles partner or another…

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Here’s another reason why enforcing a non-compete can be so darn expensive

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. When these cases advance to court, most are about one thing: getting an injunction to stop a former employee from…

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New Jersey is back doing New Jersey things, like trying to kill restrictive covenants

For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that…

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Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!

Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case. Hopefully, I have your attention. According to the plaintiff’s press release, the jury heard evidence that the defendant hired an employee of a government contractor to…

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Join me for a new limited-run podcast called “Working Class”

From the creator of the blog that brought you, Did I ever tell you about the employee that called the owner a “f***ing crook”? and Dammit! They’re practically twisting my arm to blog about union-related stuff comes something new and exciting! I’m part of a new podcast called Working Class. Working…