The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just senior-level executives or more highly compensated employees. These clauses require employees to forfeit certain benefits—such as stock options or severance pay—if they leave their employer and subsequently work for a competitor. Unlike

Continue Reading Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

Tuesday, January 28, 2025
12:00 p.m. to 1:00 p.m. Eastern
11:00 a.m. to 12:00 p.m. Central
10:00 a.m. to 11:00 a.m. Mountain
9:00 a.m. to 10:00 a.m. Pacific

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About the Program

Join Seyfarth partners Michael Wexler, Jesse Coleman, and Robyn Marsh for a concise analysis of 2024’s most critical legal developments. This webinar equips general counsel, employment counsel

Continue Reading Webinar: 2024 Trade Secrets & Non-Competes: Key Trends and Insights

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics:

  1. 2024 Trade Secrets & Non-Competes Year in Review
  2. Navigating the Intersection of Non-Compete Agreements and Employee Mobility
  3. Employee Training Programs: Building a Culture of Confidentiality
  4. Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
  5. Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests
  6. Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
  7. Unveiling Trade Secrets Breaches: Leveraging Forensic Exams for Robust IP Protection
  8. Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution
  9. Trade Secrets Audits: Assessing and Strengthening Your Company’s IP Protection
  10. What Employers Need to Know Regarding Non-Compete Changes in 2024

To conclude our impactful 2024 webinar series, we’ve carefully compiled key takeaways from each session. If you missed any sessions, recordings are available on our blog or through the provided links. We’re excited to share that Continuing Legal Education (CLE) credit is attainable by watching the webinar recordings. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.Continue Reading 2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees.

Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint

Continue Reading FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

Jimmy Buffett once eloquently said that “without geography, you’re nowhere.”  But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out, we now have some much-needed clarity from the Georgia Supreme Court.

For many years, most Georgia litigants, individuals, and businesses operated under the assumption that some restrictive

Continue Reading Georgia Supreme Court Reverses Lower Court Rulings and Holds Non-Recruitment Provisions do not Need to Contain Explicit Geographic Limitations

Yesterday, the Court in the ATS Tree Services v. FTC case denied Plaintiff ATS Tree’s Motion to Stay and Enjoin the FTC’s recent ban on non-compete agreements (the “Final Rule”), because, the Court held, ATS Tree failed to establish irreparable harm and a likelihood of success on the merits. This puts this court’s ruling in direct conflict with the July

Continue Reading Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

We invite you to watch our recent webinar, where Seyfarth Shaw LLP’s trade secret, computer fraud, and non-compete attorneys navigated the ever-evolving business landscape, safeguarding trade secrets has become a critical priority for organizations seeking resilience and success.

In this webinar, our trade secret presenters, Justin Beyer, Joshua Salinas, and Dallin Wilson, delved deeper into the intricacies of building a

Continue Reading Webinar Recap! Employee Training Programs: Building a Culture of Confidentiality

Wednesday, March 27, 2024
2:00 p.m. to 3:00 p.m. Eastern
1:00 p.m. to 2:00 p.m. Central
12:00 p.m. to 1:00 p.m. Mountain
11:00 a.m. to 12:00 p.m. Pacific

REGISTER HERE

About the Program

As we navigate the ever-evolving business landscape, safeguarding trade secrets has become a critical priority for organizations seeking resilience and success. In this pursuit, Seyfarth is thrilled

Continue Reading Upcoming Webinar! Employee Training Programs: Building a Culture of Confidentiality

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple.

On December 12, 2023, the New York State Legislature delivered a bill for the Governor’s signature that would have banned “any agreement, or clause contained in any agreement, between an employer and a covered individual that prohibits or restricts such covered individual from obtaining employment, after the conclusion of employment with the employer included as a party to the agreement.” Governor Hochul vetoed that bill on December 22, 2023, and thus far there has been no further activity on this subject in the new Legislative term.

Stepping into the breach, two members of the New York City Council introduced a bill on February 28, 2024 that would ban all current and future non-compete agreements in the Big Apple. The bill broadly applies to “an agreement between an employer and a worker that prevents, or effectively prevents, the worker from seeking or accepting work for a different employer, or from operating a business, after the worker no longer works for the employer.” The bill defines “worker” to include independent contractors and specifies that it is unlawful to merely attempt to enter into a non-compete agreement with any worker.Continue Reading NYC Council Proposes Broad Non-Compete Ban

In the ever-evolving digital landscape as well as legislative and regulatory changes and proposed changes to the use of non-competes, the preservation of trade secrets stands as a cornerstone for businesses striving to secure a competitive edge. As we continue to navigate the complexities of remote work and the jurisdictional differences in restrictive covenant enforcement, the safeguarding of these invaluable

Continue Reading Webinar Recap! Navigating the Intersection of Non-Compete Agreements and Employee Mobility