Articles Posted in Trade Secrets and Restrictive Covenants

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Whether you’re drafting agreements for a C-suite hire, a high-profile consultant, or a VIP client, there are legal landmines everywhere—from misclassification to IP disputes. Today, we’re tackling them all.

TL;DR: Join me and attorney Merlyne Jean-Louis for a free Zoom session at 12 PM ET today—Friday, May 9, 2025—as we break down the legal and strategic considerations that go into working with VIPs, whether they’re public figures, top executives, or behind-the-scenes power players.
🔗 Register here

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Working with VIPs can feel like walking a legal tightrope. From influencers to high-profile executives, businesses often face big questions: Are they independent contractors or employees? What must go into their agreements? And how do you protect your intellectual property—and avoid legal headaches?

On May 9 at 12 PM ET, I’ll be teaming up with my colleague, Merlyne Jean-Louis, for a free Zoom session you won’t want to miss: Continue reading

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As Tom Petty once sang, “The waiting is the hardest part.” Employers waiting on the uncertain fate of the Federal Trade Commission’s non-compete rule can relate. With the initial sweeping ban announced in 2024 and legal challenges that followed, many businesses have been left wondering how to structure their workforce policies. Now, recent developments suggest that the FTC may be rethinking its approach, offering some clarity—though not yet certainty.

A New FTC Memo

The FTC has recently taken steps to address non-compete agreements, a long-debated issue in the job market. In a memo dated February 26, 2025, FTC Chairman Andrew N. Ferguson announced the creation of a Joint Labor Task Force to look into unfair labor practices, with non-compete agreements highlighted as a key focus. The memo states that non-compete agreements can impose unnecessary, burdensome restrictions on workers, limiting their ability to switch jobs and negotiate higher wages. The task force is charged with investigating these agreements, sharing research on their impact, and recommending regulatory or legislative actions to address abusive practices.

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At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.

Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.

You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.

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Yesterday, the Federal Trade Commission announced that it had ordered a building services contractor to stop enforcing a no-hire agreement. The agreement purportedly prohibited building owners and managers from hiring the contractor’s employees.

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In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading

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After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading

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On Friday afternoon, the Federal Trade Commission notified a federal judge in Texas who had previously entered a nationwide injunction against its sweeping noncompete ban that the agency would appeal her decision to the Fifth Circuit Court of Appeals. Continue reading

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Yesterday, the Federal Trade Commission filed a notice of appeal with the United States District Court for the Middle District of Florida, signifying that it will ask the Eleventh Circuit Court of Appeals to overturn a trial judge’s August 15 decision to enjoin enforcement of its sweeping noncompete ban.

Should this concern employers? I’ll give you three reasons why it shouldn’t.

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The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.” Continue reading

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