Federal Non-Compete Legislation Update

Last year on the Policy Matters podcast, the team explored the fundamentals of non-compete agreements and examined what the adoption of the FTC’s proposed non-compete rule could mean for employers. Today, host Leon Rodriguez is joined by Daniel Hart and Dawn Mertineit to discuss the groundbreaking rule set to shake up non-compete agreements in the workplace, slated for enforcement starting

Continue Reading Policy Matters Podcast: Deciphering the FTC’s Non-Compete Overhaul

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of

Continue Reading Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

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

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor Relations Act (“NLRA”). As we previously blogged, the NLRB seemingly took the position that non-competes typically violate Section 8(a)(1) of the Act, which makes it an unfair labor practice for an employer to interfere with an employee’s Section 7 rights. We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB.

But a recent memorandum provided by the Division of Advice to a regional office suggests that the NLRB’s antagonism towards non-competes may be more limited in practice. The memorandum addressed a fact pattern common to readers. An employee had an agreement with a company that placed restrictions on the employee’s ability to solicit or accept business from the company’s customers, to disclose confidential information, and to have competitive employment during the term of employment.Continue Reading Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

In the inaugural session of the 2024 Trade Secrets Webinar Series, our panelists meticulously examine pivotal legislation, landmark cases, and legal advancements spanning trade secrets and data theft, non-competes and restrictive covenants, and computer fraud on a national scale. Tailored specifically for general counsel, labor and employment counsel, IP counsel, and HR professionals, this webinar offers essential insights into trade

Continue Reading Webinar Recap! 2023 Trade Secrets & Non-Competes Year in Review

Tuesday, February 20, 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

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

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

Tuesday, January 30, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

REGISTER HERE

About the Program

Join Seyfarth’s partners, Michael Wexler, Robert Milligan, and Kate Perrelli for an insightful analysis of the key legal developments in 2023. Gain valuable perspectives that will equip

Continue Reading Upcoming Webinar! 2023 Trade Secrets & Non-Competes Year in Review

Wednesday, January 10, 2024
12:00 pm – 1:04 pm PT

Seyfarth’s co-chair of the Trade Secrets, Computer Fraud, and Non-Competes practice, Robert Milligan, will lead a panel of legal experts in dissecting the FTC’s recent crackdown on non-compete agreements. This California Lawyers Association webinar, scheduled for January 10, 2024, explores the implications of the FTC’s proposed rule, providing crucial

Continue Reading Robert Milligan to Headline California Lawyers Association Webinar on FTC’s Crackdown on Non-Competes

In 2023, 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. FTC Proposes Rule Banning Use of Non-Competes. Now What?
  2. 2022 Trade Secrets & Non-Competes Year in Review
  3. Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023
  4. NLRB and Restrictive Covenants: Trends in Employment Confidentiality
  5. Managing Trade Secrets in a Remote Work Environment
  6. What Employers Need to Know Regarding Non-Compete Changes in 2023

To conclude our impactful 2023 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 2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

We invite you to watch our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023. This essential webinar provides exclusive insights from our 2023-2024 edition of the 50-State Desktop Reference.

Here are the key takeaways from

Continue Reading Webinar Recap! What Employers Need to Know Regarding Non-Compete Changes in 2023