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We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets.

Here are the key takeaways from the webinar:

Continue Reading Webinar Recap! Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook

Seyfarth proudly announced the annual installment of our Commercial Litigation Outlook and Webinar Series, featuring insights about litigation issues and trends to expect in 2024 from our nationally recognized team. The Trade Secrets practice group is pleased to present its 2024 outlook piece, “Guarding Secrets: Navigating the Shifting Landscape of Restrictive Covenants in 2024,” available here, along with a

Continue Reading Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook

Seyfarth SynopsisEfforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023.

As we reported most recently here, New York was set to join a number of states that prohibit non-compete clauses in employment agreements. In June 2023, the Legislature passed a bill that would have declared an outright ban on such agreements, with no exceptions, but its formal “delivery” to the Governor was delayed due to well-publicized concerns that the bill was too draconian, including, among other concerns, that it applied to all workers regardless of income and did not permit non-competes as a term of the sale of a business. Continue Reading New York Non-Compete Ban is Off the Table—For Now

On November 30, 2023, Governor Kathy Hochul answered the long-awaited question of whether New York would join California, North Dakota, Oklahoma and, most recently Minnesota, as a state banning the use of non-compete agreements between employers and employees. While New York legislators passed a bill to do just that in June, yesterday, Governor Hochul announced that she would not be

Continue Reading New York Governor Hochul Rejects Wholesale Ban on Non-Compete Agreements

Background

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Under this law, employment agreements can no longer include provisions that assign, or provide that an employee offer to assign, any

Continue Reading Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements

Following the recent passage through the New York State Senate, on June 20, 2023, the New York State Assembly voted to approve a bill, which, if enacted, would ban all post-employment non-compete agreements. We previously reported on the key features of Senate Bill S3100A here. Assembly Bill A1278 is now headed to Governor Hochul’s desk for review, and she

Continue Reading New York Update: Bill Banning Non-Competes Passes State Assembly and Awaits Signature by Governor Hochul

New York is poised to join the growing number of states enacting legislation to curtail the use of non-compete agreements by employers. On June 7, 2023, the New York State Senate voted to pass Bill No. S3100A, which, if enacted, would ban all post-employment non-compete agreements, along with Bill No. S6748, which is generally aimed at preventing the establishment of monopolies, monopsonies, and restraints of trade by, among other things, curtailing  the use of non-compete agreements. The Bills are currently awaiting passage by the New York State Assembly and are expected to be signed by Governor Kathy Hochul.Continue Reading New York State Senate Approves Bills Banning Use of Non-Compete Agreements

Seyfarth Shaw’s Trade Secrets group has secured a notable position as one of the best in the country, according to the esteemed Legal 500 United States 2023 edition. This recognition reaffirms Seyfarth’s commitment to excellence in the field of trade secrets law. Corporate counsel feedback has played a pivotal role in determining this ranking, with Seyfarth partners Michael Wexler

Continue Reading Seyfarth Shaw’s Trade Secrets Group Earns Prestigious Ranking from Legal 500

new jersey state flagOn May 2, 2022, the New Jersey Legislature introduced Bill A3715, adding to the growing number of states seeking to curtail the use of non-compete and non-solicitation agreements by employers. While passage of the bill is uncertain, A3715, if enacted in its current form, would make New Jersey one of the most inhospitable forums for employers seeking to enforce such agreements. Among a number of sweeping changes, including outright banning the use of post-employment restrictive covenants against a broad range of workers and otherwise limiting their duration to a maximum of 12 months, the proposed law further requires employers to pay 100 percent of the separated employee’s wages and benefits during the duration of the restricted period.

Key features of the bill include:
Continue Reading New Jersey Introduces Proposed Legislation Limiting Use and Enforceability of Non-Compete and Non-Solicitation Agreements

On March 8, 2022, Excel Sports Management, LLC commenced an action in the Supreme Court of New York, Commercial Division, alleging that its former Vice President of Basketball Partnerships, Eric Eways, resigned his employment in favor of employment with Klutch Sports Group, LLC, in violation of a restrictive covenant in his employment agreement. The non-compete, governed by New York law, prohibited Eways from working for Klutch and other specifically-named competitors for eight months post-separation.   
Continue Reading New York Appellate Court Reverses Lower Court’s Denial of Preliminary Injunction and Enjoins Former Employee from Working with Rival Sports Management Agency