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. Click here…
Articles Posted in Trade Secrets
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. When I shared the news on LinkedIn, someone commented, “Yeah, bold move FTC…” And I was like, “Bold move is wearing seersucker before Memorial Day. This is MINDBLOWINGLY HUGE!” Folks, it’s only January…
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…
Here’s another reason why enforcing a non-compete can be so darn expensive
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. When these cases advance to court, most are about one thing: getting an injunction to stop a former employee from…
Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case. Hopefully, I have your attention. According to the plaintiff’s press release, the jury heard evidence that the defendant hired an employee of a government contractor to…
It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”
A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not…
Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.
Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. On Friday morning, the White House…
Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?
Image by Clker-Free-Vector-Images from Pixabay So much for my blog servers getting a much-needed Friday rest. On Wednesday, White House Press Secretary Jen Psaki held a press gaggle aboard Air Force One en route to Crystal Lake, IL. About halfway through her prepared remarks, she dropped this bomb on employers:…
What do adult toys and X-rays have to do with protecting trade secrets?
Image by Tayeb MEZAHDIA from Pixabay I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements. My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here.…
What do restrictive covenants have to do with COVID-19? More than you think.
Image Credit: Maialisa (pixabay.com) Remember back in January, when I told you that restrictive covenants would be the most significant employment law issues for employers in 2020? Well, boy, was I wrong! COVID-19 has locked up this year’s title. However, in light of the coronavirus pandemic, the Federal Trade Commission…