Articles Posted in Non-Competition

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As we wait patiently for the comment period on the Federal Trade Commission’s proposal to ban employers from imposing non-competes to close next month, I’m here to tell you now that your business’s non-competition agreements may be dead on arrival anyway.

I’ll explain why. Continue reading

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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.

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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

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