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Articles Posted in Non-Competition

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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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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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Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons 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. On Friday morning, the White House…

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Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?

Image by Clker-Free-Vector-Images from Pixabay So much for my blog servers getting a much-needed Friday rest. On Wednesday, White House Press Secretary Jen Psaki held a press gaggle aboard Air Force One en route to Crystal Lake, IL. About halfway through her prepared remarks, she dropped this bomb on employers:…

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What do restrictive covenants have to do with COVID-19? More than you think.

Image Credit: Maialisa (pixabay.com) Remember back in January, when I told you that restrictive covenants would be the most significant employment law issues for employers in 2020? Well, boy, was I wrong! COVID-19 has locked up this year’s title. However, in light of the coronavirus pandemic, the Federal Trade Commission…

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Forget what you heard. THIS, right here, will be the biggest employment law concern for employers in 2020.

SimmeD [CC BY-SA]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. Last week, the…

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A first-of-its-kind nationwide ban on non-competition agreements is coming. Possibly.

Image by Clker-Free-Vector-Images from Pixabay 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…