Articles Posted in Trade Secrets and Restrictive Covenants

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In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. Continue reading

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After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading

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On Friday afternoon, the Federal Trade Commission notified a federal judge in Texas who had previously entered a nationwide injunction against its sweeping noncompete ban that the agency would appeal her decision to the Fifth Circuit Court of Appeals. Continue reading

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Yesterday, the Federal Trade Commission filed a notice of appeal with the United States District Court for the Middle District of Florida, signifying that it will ask the Eleventh Circuit Court of Appeals to overturn a trial judge’s August 15 decision to enjoin enforcement of its sweeping noncompete ban.

Should this concern employers? I’ll give you three reasons why it shouldn’t.

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The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.” Continue reading

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At noon ET today on Zoom, we aim to cover everything employers need to know now about the Federal Trade Commission’s blunderbuss Non-Compete Rule. (We may have a few seats left. Click here to register for this free Zoom powered by HRLearns.)

If we don’t actually cover “everything” this afternoonI wanted to highlight here three arguments from a brief that the Society for Human Resource Management (SHRM) filed yesterday in one of the pending lawsuits supporting a nationwide injunction of the Rule. Continue reading

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The FTC’s rule banning non-competes takes effect on September 4, 2024. Before then, employers must notify most employees that their noncompetition agreements are unenforceable. However, several pending lawsuits aim to block the rule. Although, none have succeeded…yet. What does the Rule require? What are the chances that these lawsuits will succeed?  And what should businesses do between now and September besides clutch their pearls? We’ve assembled an all-star panel of employment lawyers to answer these questions and help your business prepare.

Join us on Tuesday, August 13, 2024, 12:00 PM – 1:00 PM EDT.

Click here to register for this free Zoom powered by HRLearns. Continue reading

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Do you remember that scene from Rounders, right after Mike McDermott spots Teddy KGB’s poker “tell,” when Teddy laments, “Hanging aroundhanging around… kid’s got alligator blood. Can’t get rid of him.“?

It feels that way, with the Federal Trade Commission’s non-compete Rule imposing a comprehensive ban on new non-competes with all workers. Continue reading

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