Articles Posted in Trade Secrets and Restrictive Covenants

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I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the FTC’s Noncompete Rule.

Yesterday, however, I received another alert that the plaintiffs had asked the court to reconsider its earlier ruling and extend the ban nationwideContinue reading

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Since my homeowner’s insurance may not cover multitasking blog-related accidents around a lit Fourth-of-July grill, I’m not taking any chances. So, let’s address yesterday’s decision by a Texas federal judge to block the Federal Trade Commission‘s blunderbuss Noncompete Rule, which imposes a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading

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The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes.

Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. Continue reading

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Last week, the Federal Trade Commission responded to efforts by a Texas business and the U.S. Chamber of Commerce to convince a Texas federal judge to block the Federal Trade Commission’s final Non-compete Rule, which would impose a comprehensive ban on new non-competes with all workers, including senior executives. Continue reading

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The Society for Human Resource Management (SHRM), with nearly 340,000 members in 180 countries (of which I am one), filed an amicus brief last week in a lawsuit pending in Texas in which it supported efforts to block the Federal Trade Commission’s final non-compete Rule. The FTC seeks to impose a comprehensive ban on new non-competes with all workers, including senior executives.

Continue reading

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Earlier this week, the U.S. Chamber of Commerce told a Texas federal judge to block the Federal Trade Commission’s final Noncompete Rule, which would impose a comprehensive ban on new noncompetes with all workers, including senior executives. Here is a link to the 40-page brief.

But I’ll break it down for you in about 400 words. Continue reading

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You still have time to register (here) for The Employer Handbook Zoom Office Happy Hour, which returns today at Noon ET. My Pierson Ferdinand employment law partners, Ben Jacobs and Amy Epstein Gluck, will join me to discuss the FTC’s plan to ban most employee noncompetes and explore the Department of Labor’s proposed increase to the salary level for overtime exemptions.

See you soon!

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