Legislation

New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee Non-Compete Agreements

By Robert B. Milligan on September 9, 2023

Posted in Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, State Non-Compete Legislation Update

On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.

Under existing California law, non-compete agreements…

Regulation of AI – the Path Ahead

By Patrick Muffo on May 5, 2023

Posted in Legislation, Privacy

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill blog.

Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with…

Policy Matters Podcast: FTC’s Crackdown on Non-Competes Through Agency Rulemaking Part 2

By Seyfarth Shaw LLP on February 14, 2023

Posted in Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Legislation, Non-Compete Enforceability, Restrictive Covenants

In this episode, Scott Mallery, Dan Hart, and Robert Milligan discuss the FTC’s authority to issue such a broad proposed regulation, and what constitutional challenges to that authority will likely look like. In addition, we discuss legislation that has been introduced in Congress that would not only do essentially the same thing the FTC’s proposed rule would do…

Legislation Reintroduced in Congress to Ban Non-Compete Agreements and Seeking to Go Even Further than FTC’s Proposed Ban

By Robert B. Milligan on February 2, 2023

Posted in Federal Non-Compete Legislation Update, Legislation, Non-Compete Enforceability, Restrictive Covenants

US Senator Chris Murphy (D-Conn.) and US Senator Todd Young (R-Ind.) on February 1^st reintroduced the Workforce Mobility Act. The legislation would ban the use of non-compete agreements with some limited exceptions. US Representative Scott Peters (D-Calif.-52) and US Representative Mike Gallagher (R-Wis.-08) introduced the legislation in the US House of Representatives. US Senator Tim Kaine (D-Va.) and US Senator Kevin Cramer (R-N.D.) co-sponsored the legislation. The bill was previously introduced in the House of Representatives in 2021.…

Continue Reading Legislation Reintroduced in Congress to Ban Non-Compete Agreements and Seeking to Go Even Further than FTC’s Proposed Ban

Webinar Recap! 2022 Trade Secrets & Non-Competes Year in Review

By Robert B. Milligan, Michael Wexler & Daniel Joshua Salinas on January 27, 2023

Posted in FTC’s Crackdown on Non-Competes, Intellectual Property, Legislation, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

In the second installment of the 2023 Trade Secrets Webinar Series, Seyfarth attorneys reviewed noteworthy legislation, cases, and legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they provided predictions for what to expect in 2023.

As a conclusion to this…

Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023

By Brandon Bigelow & Laura Caro Ruiz on January 26, 2023

Posted in Cybersecurity, Legislation, Privacy

This post was originally published as a Seyfarth Legal Update.

In a January 11, 2023 op-ed published in the Wall Street Journal, President Joe Biden urged “Democrats and Republicans to come together to pass strong bipartisan legislation to hold Big Tech accountable.” He warned that the “risks Big Tech poses for ordinary Americans are clear. Big Tech companies collect huge amounts of data” about technology users, including “the places we go,” and argued that “we need serious federal protections for Americans’ privacy. That means clear limits on how companies can collect, use and share highly personal data,” including location data.…

Continue Reading Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023

Upcoming Webinar! 2022 Trade Secrets & Non-Competes Year in Review

By Michael Wexler, Robert B. Milligan & Daniel Joshua Salinas on January 13, 2023

Posted in Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Legislation, Non-Compete Enforceability, Restrictive Covenants, State Non-Compete Legislation Update, Trade Secrets

Tuesday, January 24, 2023
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

In the second installment of the 2023 Trade Secrets Webinar Series, Seyfarth attorneys will review the noteworthy legislation, cases, and legal developments from across the nation over the last year…

2022 Trade Secrets Webinar Series: Takeaways & Recordings

By Seyfarth Shaw LLP on December 29, 2022

Posted in Federal Non-Compete Legislation Update, Legislation, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

trade secrets 2022 webinar series recap and takeaways

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included:

2021 Trade Secrets & Non-Competes Year in Review
Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally
Employee Mobility & Its Effects on Trade Secrets and Non-Competes
Anatomy of a Restrictive Covenant
How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes
How Multijurisdictional Businesses Should Approach Non-Competes
Protecting Confidential Information and Client Relationships in the Financial Services Industry
Overview of Non-Compete Legislation and Enforcement Issues from 2022

As a conclusion to our 2022 webinar series, we compiled a list of key takeaway points for each program. For those who missed any of the programs in this year’s series, recordings of all of our past webinars are available on the blog, or you may click on the link for each webinar below to view the recording.…

Continue Reading 2022 Trade Secrets Webinar Series: Takeaways & Recordings

Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2022

By Katherine Perrelli, Daniel P. Hart & Dallin Wilson on December 23, 2022

Posted in Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Legislation, Non-Compete Enforceability, Restrictive Covenants, State Non-Compete Legislation Update

trade-secret-and-non-compete-webinar-recap

In the final 2022 webinar, Seyfarth attorneys Kate Perrelli, Dan Hart, and Dallin Wilson discussed new and pending legislation and enforcement issues for non-competes.

As a conclusion to this webinar, we compiled a summary of takeaways:

State law on restrictive covenant agreements continues to evolve, with more states imposing compensation thresholds, notice requirements, penalties, and other obligations on employers that

Upcoming Webinar! Overview of Non-Compete Legislation and Enforcement Issues from 2022

By Katherine Perrelli, Daniel P. Hart & Dallin Wilson on December 9, 2022

Posted in Federal Non-Compete Legislation Update, Legislation, Non-Compete Enforceability, Restrictive Covenants, State Non-Compete Legislation Update

Wednesday, December 21, 2022
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