Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract. Recently, however, the Delaware Chancery Court was seemingly less deferential to restrictive covenant agreements in circumstances outside of the traditional employment agreement context. In Cantor Fitzgerald, L.P. v. Ainslie, the Court, in a well-reasoned decision which arguably included a survey

Continue Reading Delaware Supreme Court Curbs Erosion of Forfeiture-for-Competition Protections

Tuesday, January 30, 2024
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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

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

In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most severe—is the red pencil. In those jurisdictions, if any aspect of a restrictive covenant is overbroad, the court strikes out the whole provision. The second—and most common—is

Continue Reading Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

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

2023 has brought many changes to the landscape of restrictive covenants—from non-compete bans (actual and proposed), to new court decisions impacting the enforceability of covenants in various jurisdictions, to changes in wage thresholds, and of course we cannot forget California’s new laws that have left many scratching their heads trying to determine how best to comply.

It can be a

Continue Reading Season’s Agreements: Unwrap the Latest Guidance on Restrictive Covenants at Our Upcoming Webinar!

The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee handbook violated the National Labor Relations Act. This complaint is a logical

Continue Reading We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

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

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

In Seyfarth’s third installment in the 2023 Trade Secrets Webinar Series providing valuable insights into navigating this evolving landscape, Seyfarth attorneys covered a range of topics, including the latest technology threats, the importance of communication and training, revisiting confidentiality policies, alternative trade secret protections, and updating restrictive covenant agreements. Here are the key takeaways from the Seyfarth webinar:

  1. Staying Informed
Continue Reading Webinar Recap! Managing Trade Secrets in a Remote Work Environment

On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in Illinois. Among other things, the Act codified the so-called Fifield Rule by defining adequate consideration for enforcement of a restrictive covenant to be either two years of

Continue Reading Questions Remain Regarding Adequate Consideration under Illinois’ Freedom to Work Act