Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat.

In the spirit of spreading love (and compliance), a new law, Section 16600.1 of the Business and Professions Code, has made it unlawful to

Continue Reading California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages

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

Wednesday, January 10, 2024
12:00 pm – 1:04 pm PT

Seyfarth’s co-chair of the Trade Secrets, Computer Fraud, and Non-Competes practice, Robert Milligan, will lead a panel of legal experts in dissecting the FTC’s recent crackdown on non-compete agreements. This California Lawyers Association webinar, scheduled for January 10, 2024, explores the implications of the FTC’s proposed rule, providing crucial

Continue Reading Robert Milligan to Headline California Lawyers Association Webinar on FTC’s Crackdown on 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

Wednesday, November 29, 2023
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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About the Program

You’re invited to our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law will skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023. This essential webinar will provide exclusive insights from our 2023-2024 edition of the 50-State Desktop Reference.Continue Reading Upcoming Webinar! What Employers Need to Know Regarding Non-Compete Changes in 2023

California has done it again!

We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when

Continue Reading Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

This post was originally published as a Seyfarth Legal Update.

In a January 11, 2023 op-ed published in the Wall Street Journal, President Joe Biden urged “Democrats and Republicans to come together to pass strong bipartisan legislation to hold Big Tech accountable.” He warned that the “risks Big Tech poses for ordinary Americans are clear. Big Tech companies collect huge amounts of data” about technology users, including “the places we go,” and argued that “we need serious federal protections for Americans’ privacy. That means clear limits on how companies can collect, use and share highly personal data,” including location data.Continue Reading Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023

Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Compete practice—was named a 2022 Top Trade Secrets Lawyer in California by The Daily Journal. Robert is a leading voice in this intricate area of law, with a practice primarily focused on trade secret, non-compete, and data theft/protection litigation, investigations, and transactional work. Robert represents multinational

Continue Reading Robert Milligan Honored as a 2022 Top Trade Secrets Lawyer in California by The Daily Journal

There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. One such exception is the sale of business exception found in California Business & Professions Code § 16601. This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”

In Blue Mountain Enterprises, LLC v. Owen, 74 Cal. App. 5th 537 (2022), the Court of Appeal found that section 16601 applied to a three year post-termination non-solicitation of customer provision in an employment agreement and upheld the trial court’s decision to enforce the provision against the executive/seller who entered into a joint venture. The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.  Id. at 553. The court also found that the trial court correctly found that the defendant’s letter for his new business constituted a solicitation as a matter of law because the letter went well beyond an announcement by actively encouraging customers to leave and do business with his new company. Id. at 556.
Continue Reading California Court of Appeal Enforces Non-Solicitation of Customers Provision in Joint Venture Transaction Involving Key Employee

March 31, 2022
11:30 a.m. to 12:30 p.m. Pacific
12:30 p.m. to 1:30 p.m. Mountain
1:30 p.m. to 2:30 p.m. Central
2:30 p.m. to 3:30 p.m. Eastern

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Please join Seyfarth for a webinar on what employers need to know regarding the importance of data privacy and the impacts of the California Privacy Rights Act to your organization. Presenters
Continue Reading Upcoming Webinar! How the California Privacy Rights Act Impacts Your Business in 2022