In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.”Continue Reading NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in…
Continue Reading A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions
As companies grow and expand into multiple U.S. states, particularly in our increasingly knowledge and relationship-based economy, determining the applicable law for companywide restrictive covenants can be puzzling. Determining which…
Continue Reading Fifth Circuit Clarifies and Complicates Choice of Law Analysis of Interstate Restrictive Covenants
Prepared by: Brian Confino
Most businesses possess confidential information or trade secrets that need to be safe-guarded, or intellectual property, equipment, or processes that set them apart from their competition.
Continue Reading Proposed Restrictive Covenant Law Threatens to Handcuff Employers
In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.
Continue Reading Are Restrictive Covenants Enforceable in California? It Depends.