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In a world where corporate espionage and data breaches are increasingly common, protecting your company’s intellectual property is more vital
Continue Reading Upcoming Webinar! Trade Secrets Audits: Strengthening Your Company’s IP Protection
By Michael Tamvakologos & Ian Neil SC
This post has been cross-posted from Seyfarth’s Workplace Law & Strategy blog, and discusses Australian law on non-competes.
It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase
Continue Reading Why the negative impact of non-competes is overstated
The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit.
Background
DraftKings, a Boston-based online sports and gaming platform, employed Hermalyn as a Senior Vice President. He resigned in February 2024, consummating negotiations with DraftKings’ direct competitor, Fanatics
Continue Reading DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements
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
Having achieved a milestone in obtaining a limited preliminary injunction halting the application of the FTC ban on non-competes effective September 4, 2024 as to the named plaintiffs and plaintiff-intervenors in its Texas lawsuit, the U.S. Chamber of Commerce et al. and Ryan, LLC moved today, July 10, to expand the injunction to apply more broadly. Specifically, plaintiffs moved Chief
Continue Reading U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban
While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the spot light as the federal court there has indicated that it will issue a ruling by July 23rd.
Earlier this
Continue Reading Pennsylvania Federal Court to Issue Decision On FTC Non-Compete Ban Challenge By July 23
This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions
Continue Reading FTC Approves Rule Banning Non-Competes With Workers
The FTC announced today that it will be hosting a special virtual open meeting on April 23, 2024, at 2:00 p.m. Eastern to discuss its proposed final rule regarding non-competes.
According to the FTC, on the agenda, is the FTC’s proposed rule to ban noncompete clauses:
The Commission will vote on whether to issue a proposed final rule that
Continue Reading FTC To Consider Issuing Proposed Final Rule Regarding Non-Competes
On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on Bank Merger Transactions. Among the proposed revisions, the agency’s proposal will prohibit non-compete agreements in bank mergers in which the selling bank is required to divest all or a portion
Continue Reading FDIC Updates Bank Merger Guidance to Include Non-Compete Ban
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