webinar - how multijurisdictional businesses should approach non-competes

Tuesday, October 18
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

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In the sixth installment in the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will discuss tips and best practices for multijurisdictional businesses when it comes to restrictive covenants, including non-compete and
Continue Reading Upcoming Webinar! How Multijurisdictional Businesses Should Approach Non-Competes

webinar recap - texas trade secrets and non-competesIn the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions.

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

  • A restrictive covenant is


Continue Reading Webinar Recap! How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes

We’ve written previously about Washington, DC’s non-compete bill scheduled to take effect on October 1, 2022. While DC Council has pulled back from enactment before to make last-minute revisions to the legislation—most notably in 2021 after the initially-passed bill would have barred non-competes entirely—there appear to be no such changes this time. The currently-enacted bill stands to take effect this
Continue Reading Last Call: DC Non-Compete Bill to Take Effect on October 1

webinar texas trade secrets and non-competes

Tuesday, September 27, 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 fifth installment of our 2022 Trade Secrets Webinar Series, our team will cover recent legal developments and trends in Texas trade secret and non-compete law and how it
Continue Reading Upcoming Webinar! How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes

federal non-compete ban legislationOn September 1, 2022, Representative Mike Garcia (CA-25) introduced H.R. 8755, titled The Restoring Workers’ Rights Act (the “RWRA”), which would effectively ban non-compete agreements for non-exempt (low-to-mid wage) employees nationwide. If enacted, the RWRA would follow similar legislation in states such as Illinois, Colorado, Washington, and others that have imposed statutory income minimums that must be met in order for employers to bind employees to post-employment restrictive covenants.
Continue Reading California Representative Mike Garcia Introduces Federal Bill Barring Non-Compete Agreements

intellectual property owners association conferenceOn September 18-20, Seyfarth partners Dawn Mertineit, Eric Barton, and Robert Milligan will be attending the Intellectual Property Owners Association’s Annual Meeting in Los Angeles. This event offers over two dozen education sessions, networking opportunities, committee meetings, and more.

During the event, Dawn will be speaking on a panel called “Hold on to Your Trade Secrets: The Winds of Change
Continue Reading Seyfarth Attorneys to Attend and Speak at IPO Annual Meeting

SEC whistleblower Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes reporting wrongdoing to the government. As we have previously blogged, Congress and many state legislatures are exploring (or, in some cases, already enacted) legislative protections for reporting suspected misconduct to the government. And, at the federal level, Congress enacted the Defend Trade Secrets Act, which provides immunity for the disclosure of a trade secret if made in confidence to an attorney or government official for the purpose of investigating a suspected violation of law.
Continue Reading Recent SEC Order Reiterates Need for Affirmative Whistleblower Exclusion

colorado non-compete lawOn August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased scrutiny of post-employment restrictions and adds Colorado to the growing list of states that restrict the use of out-of-state choice of law and forum provisions in agreements that contain such restrictions.
Continue Reading Colorado Poised to Further Restrict Post-Employment Restrictions

new jersey state flagOn May 2, 2022, the New Jersey Legislature introduced Bill A3715, adding to the growing number of states seeking to curtail the use of non-compete and non-solicitation agreements by employers. While passage of the bill is uncertain, A3715, if enacted in its current form, would make New Jersey one of the most inhospitable forums for employers seeking to enforce such agreements. Among a number of sweeping changes, including outright banning the use of post-employment restrictive covenants against a broad range of workers and otherwise limiting their duration to a maximum of 12 months, the proposed law further requires employers to pay 100 percent of the separated employee’s wages and benefits during the duration of the restricted period.

Key features of the bill include:
Continue Reading New Jersey Introduces Proposed Legislation Limiting Use and Enforceability of Non-Compete and Non-Solicitation Agreements

aesthetician non-compete lawsuitA Superior Court in Massachusetts has allowed an aesthetician’s lawsuit to proceed against her former employer after it sought to enforce her allegedly void restrictive covenant.

After being terminated by defendant Vanity Lab, the plaintiff and aesthetician Tori Macaroco established her own business providing aesthetician services. Macaroco then received a cease-and-desist letter from a New York law firm, citing the contract she signed as a Vanity Lab employee that contained various restrictive covenants preventing her from “solicit[ing] any employees or patients/customers of Vanity Lab, attempt[ing] to persuade any customer, patient, or employee from leaving Vanity Lab’s services, or reveal[ing] any of Vanity Lab’s confidential information.” The letter also stated that Macaroco was prohibited from practicing as an aesthetician for one year following the end of her employment with Vanity Lab. The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract.
Continue Reading Aesthetician’s Proactive Suit Puts a Wrinkle in Spa’s Attempts to Mar Her Reputation