State Non-Compete Legislation Update

As 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 Ban

Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and independent contractors. As we previously described, Washington’s original statute:

  • Requires advance notice of non-competes “no later than the time of the acceptance of the offer of employment,” and “independent consideration” for
Continue Reading Amendments To Washington State’s Noncompete Statute Go Into Effect June 6, 2024

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

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 Mobility

It 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?

In the inaugural session of the 2024 Trade Secrets Webinar Series, our panelists meticulously examine pivotal legislation, landmark cases, and legal advancements spanning trade secrets and data theft, non-competes and restrictive covenants, and computer fraud on a national scale. Tailored specifically for general counsel, labor and employment counsel, IP counsel, and HR professionals, this webinar offers essential insights into trade

Continue Reading Webinar Recap! 2023 Trade Secrets & Non-Competes Year in Review

Tuesday, February 20, 2024
2:00 p.m. to 3:00 p.m. Eastern
1:00 p.m. to 2:00 p.m. Central
12:00 p.m. to 1:00 p.m. Mountain
11:00 a.m. to 12:00 p.m. Pacific

REGISTER HERE

About the Program

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

Continue Reading Upcoming Webinar! Navigating the Intersection of Non-Compete Agreements and Employee Mobility

Tuesday, January 30, 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

REGISTER HERE

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

Seyfarth SynopsisEfforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023.

As we reported most recently here, New York was set to join a number of states that prohibit non-compete clauses in employment agreements. In June 2023, the Legislature passed a bill that would have declared an outright ban on such agreements, with no exceptions, but its formal “delivery” to the Governor was delayed due to well-publicized concerns that the bill was too draconian, including, among other concerns, that it applied to all workers regardless of income and did not permit non-competes as a term of the sale of a business. Continue Reading New York Non-Compete Ban is Off the Table—For Now

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