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A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud
The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just senior-level executives or more highly compensated employees. These clauses require employees to forfeit certain benefits—such as stock options or severance pay—if they leave their employer and subsequently work for a competitor. Unlike…
Continue Reading Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete AlternativeIn 2024, 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:
To conclude our impactful 2024 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 2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
We’re thrilled to release the updated 50-State Non-Compete Desktop Reference—a trusted resource for navigating the complexities of non-compete and trade secrets law across the United States.
Highlights of the 2024-2025 Edition
The updated 50-State Non-Compete Desktop Reference provides a detailed, state-by-state analysis of the evolving legal landscape governing non-competes, non-solicitation agreements, and trade secret protections.
This edition answers key questions…
Continue Reading Now Available! Seyfarth’s 2024-2025 50-State Non-Compete Desktop Reference—Your Must-Have GuideTuesday, December 17, 2024
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
About the Program
Join us for the final installment of Seyfarth’s 2024 Trade Secrets Webinar Series, where our panel will provide practical guidance on navigating non-compete agreements, safeguarding trade secrets…
Continue Reading Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024As we reported at the end of February, Maine’s House of Representatives voted for a non-compete ban that would have invalidated virtually all such agreements in the state. In March, the Senate passed the bill, sending it to Governor Mills’s desk. Despite what looked like another victory for opponents of non-competes, Governor Mills vetoed the proposed ban, just as Governor…
Continue Reading Update: Maine Governor Vetoes Non-Compete BanSeyfarth 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
In the ever-evolving digital landscape as well as legislative and regulatory changes and proposed changes to the use of non-competes, the preservation of trade secrets stands as a cornerstone for businesses striving to secure a competitive edge. As we continue to navigate the complexities of remote work and the jurisdictional differences in restrictive covenant enforcement, the safeguarding of these invaluable…
Continue Reading Webinar Recap! Navigating the Intersection of Non-Compete Agreements and Employee MobilityIt should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds. The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in a variety of forms; for example, many…
Continue Reading Is Maine the Next Frontier in the Effort to Ban Non-Competes?