Non-Compete Enforceability

Thursday, January 12, 2023
3:00 p.m. to 4:00 p.m. Eastern 
2:00 p.m. to 3:00 p.m. Central
1:00 p.m. to 2:00 p.m. Mountain
12:00 p.m. to 1:00 p.m. Pacific

REGISTER HERE

In the first installment of the 2023 Trade Secrets & Non-Competes Webinar Series, our team will focus on the new Federal Trade Commission’s (“FTC”) proposed rule banning the use of

Continue Reading Upcoming Webinar! FTC Proposes Rule Banning Use of Non-Competes. Now What?

Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements. The FTC included an overview fact sheet describing the proposed rule.

The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that non-competes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act. This proposed rule aligns with the FTC’s recent statement to attempt to reinvigorate Section 5 of the FTC Act, which bans unfair methods of competition.

Continue Reading FTC Proposes Rule Banning Use of Non-Competes with Employees and Workers and Limiting Employer Protections Against Unfair Competition

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:

  1. 2021 Trade Secrets & Non-Competes Year in Review
  2. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally
  3. Employee Mobility & Its Effects on Trade Secrets and Non-Competes
  4. Anatomy of a Restrictive Covenant
  5. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes
  6. How Multijurisdictional Businesses Should Approach Non-Competes
  7. Protecting Confidential Information and Client Relationships in the Financial Services Industry
  8. 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

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
Continue Reading Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2022
non-compete update for 2022

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

REGISTER HERE

In the final installment of our 2022 Trade Secrets Webinar Series, our team will focus on new legislation and the enforcement of non-competes. Any company that seeks to use non-compete

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

The District of Massachusetts recently held that garden leave payments, whereby a former employee subject to a restrictive covenant is paid by the former employer for the duration of the restrictive period, do not constitute “wages” under the Massachusetts Wage Act.

Continue Reading Federal Court Determines that Garden Leave Payments Under Massachusetts Non-Compete Law Are Not Wages, Limiting Former Employees’ Leverage Under Wage Act

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia.

For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting

Continue Reading Now Available! 2022-2023 Edition of 50 State Non-Compete Desktop Reference

On Wednesday, November 30 at 1 p.m. Eastern, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “Negotiating Enforceable Noncompetition and Nonsolicitation Agreements: Compliance with State Statutes and Case Law” webinar for Strafford.

The experienced panel will discuss current legislative and case law trends regarding noncompetition and nonsolicitation agreements, provide best practices

Continue Reading Robert Milligan to Present Webinar on Non-Compete Enforceability for Strafford

Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Additionally, these agreements often state that they inure to the benefit of the employer’s parent, subsidiaries, and other affiliates. However, a recent case in federal court demonstrates the importance of carefully defining terms to best protect the employer’s legitimate business interests.

Continue Reading “What’s in a Name?” A Shortened Restrictive Covenant Duration, Perhaps

In Seyfarth’s seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth partners Jeremy Cohen and Kevin Mahoney focused on trade secret and client relationship considerations in the banking and financial services industry.

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

  • When it comes to protecting your secrets, “an ounce of prevention is worth a pound
Continue Reading Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry