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

On the other side of the pandemic, after record numbers of employee resignations, protecting trade secrets is both challenging and being challenged. This article discusses protecting trade secrets and confidential
Continue Reading Staunch Competition – Trade Secrets and Restrictive Covenants

California Labor Code section 925 remains a potent weapon for departing employees who live and work in California who wish to avoid covenants not to compete.  Often, employers will place
Continue Reading Federal Court in Minnesota finds choice of law provision unenforceable based on California Labor Code section 925

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