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Articles Posted in Trade Secrets
New York is inching closer to banning non-competes

In January, the Federal Trade Commission proposed eradicating most non-competition agreements. Last month, while the National Labor Relations Board doubled down on efforts to eliminate these restrictive covenants, the State of Minnesota voted to eliminate them starting in July.
Now New York is poised to become the fifth state to ban noncompetes. Continue reading
The Labor Board’s top attorney wants to void non-competes that violate labor law. Hot take: meh.

Yesterday, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memo claiming that the “proffer, maintenance, and enforcement non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act except in limited circumstances.”
Other labor and employment lawyers may forebode the end for most non-competes.
Me? I ain’t scared. Continue reading
Choose your words carefully when using noncompetition agreements

Many courts are generally reluctant to enforce noncompetes. And sometimes employers make their tasks even easier.
You may have an overly-broad UNENFORCEABLE restrictive covenant NOT TO COMPETE if…

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
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.
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! Continue reading
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.
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. Continue reading
Tighten up those non-competes!

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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