Articles Posted in Trade Secrets and Restrictive Covenants

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At noon ET today on Zoom, we aim to cover everything employers need to know now about the Federal Trade Commission’s blunderbuss Non-Compete Rule. (We may have a few seats left. Click here to register for this free Zoom powered by HRLearns.)

If we don’t actually cover “everything” this afternoon, I wanted to highlight here three arguments from a brief that the Society for Human Resource Management (SHRM) filed yesterday in one of the pending lawsuits supporting a nationwide injunction of the Rule. Continue reading

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The FTC’s rule banning non-competes takes effect on September 4, 2024. Before then, employers must notify most employees that their noncompetition agreements are unenforceable. However, several pending lawsuits aim to block the rule. Although, none have succeeded…yet. What does the Rule require? What are the chances that these lawsuits will succeed?  And what should businesses do between now and September besides clutch their pearls? We’ve assembled an all-star panel of employment lawyers to answer these questions and help your business prepare.

Join us on Tuesday, August 13, 2024, 12:00 PM – 1:00 PM EDT.

Click here to register for this free Zoom powered by HRLearns. Continue reading

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Do you remember that scene from Rounders, right after Mike McDermott spots Teddy KGB’s poker “tell,” when Teddy laments, “Hanging around…hanging around… kid’s got alligator blood. Can’t get rid of him.“?

It feels that way, with the Federal Trade Commission’s non-compete Rule imposing a comprehensive ban on new non-competes with all workers. Continue reading

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With most eyes focused on a pending lawsuit in the United States District Court for the Eastern District of Pennsylvania to eliminate the FTC’s noncompete ban, local employers may have missed the news last week that Governor Shapiro signed into law a measure restricting the use of non-competition agreements in the healthcare industry.

Continue reading

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I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the FTC’s Noncompete Rule.

Yesterday, however, I received another alert that the plaintiffs had asked the court to reconsider its earlier ruling and extend the ban nationwide.  Continue reading

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Since my homeowner’s insurance may not cover multitasking blog-related accidents around a lit Fourth-of-July grill, I’m not taking any chances. So, let’s address yesterday’s decision by a Texas federal judge to block the Federal Trade Commission‘s blunderbuss Noncompete Rule, which imposes a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading

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The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes.

Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. Continue reading

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