In 1872, California bucked the common law and the views of many other states by declaring noncompete agreements unenforceable except in narrow and limited circumstances. The crackdown has continued ever

Continue Reading AB 1076 and Noncompete Agreements: California’s Crackdown Continues

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

In June 2022, the Colorado legislature passed and Gov. Polis signed into law House Bill 22-1317 amending CRS 8-2-113, “Unlawful to intimidate worker – agreement not to compete – prohibition

Continue Reading A Warning for Companies with Colorado Employees Seeking to Enforce Restrictive Covenants and Non-Competition Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) took a significant step towards banning noncompete agreements between companies and workers. The FTC proposed a broad rule that would effectively

Continue Reading Federal Trade Commission Seeks Industry Comment On Proposed Noncompete Ban

An employer who seeks to enforce a non-compete clause against a former employee in Florida may seek injunctive relief and, depending on whether diversity jurisdiction exists, must decide whether to
Continue Reading Troubled Waters? Navigating Florida’s Non-Compete Statute in the Wake of TransUnion

Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent
Continue Reading California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions

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