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 past few years have seen increased scrutiny of practices and agreements (and employers that use them) that are viewed by some as anti-competitive, including no-poach agreements and non-solicitation agreements.
Continue Reading Take Care With No-Poach Practices and Non-Solicitation Agreements
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