non-compete

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In our recent webinar, “Trade Secrets Audits: Strengthening Your Company’s IP Protection,” Seyfarth’s Intellectual Property Partner, Lauren Leipold, along with Trade Secret Attorneys Eddy Salcedo and James Yu, shared essential strategies for enhancing IP protection in today’s complex landscape. As corporate espionage and data breaches become increasingly prevalent, the session provided valuable insights on effective methods for safeguarding your company’s…

Continue Reading Webinar Recap! Trade Secrets Audits: Strengthening Your Company’s IP Protection

By Michael Tamvakologos & Ian Neil SC

This post has been cross-posted from Seyfarth’s Workplace Law & Strategy blog, and discusses Australian law on non-competes.

It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase…

Continue Reading Why the negative impact of non-competes is overstated

Yesterday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the plaintiff Properties of the Villages, Inc.’s (“POV”) motion to stay the effective date of the rule and preliminarily enjoin its enforcement.

Continue Reading More Bad News for the FTC: Federal Court in Florida Enjoins Enforcement of Non-Compete Ban

The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit.

Background

DraftKings, a Boston-based online sports and gaming platform, employed Hermalyn as a Senior Vice President. He resigned in February 2024, consummating negotiations with DraftKings’ direct competitor, Fanatics…

Continue Reading DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

On Tuesday, July 18, Chris DeMeo, serving as moderator, led a distinguished virtual panel featuring Jesse Coleman, alongside Tanzeela Ahmad (Senior Employment Counsel, Stryker), Robin Rogers (General Counsel & Chief Privacy Officer, CoventBridge), and Victor Wright (Vice President, Global Labor & Employment Law, Baker Hughes). They presented insights during a webinar hosted by the ACC on the timely topic of…

Continue Reading Jesse Coleman and Chris DeMeo Headline Discussion with Industry Experts on FTC Non-Compete Ban

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet another attack on non-competes in line with the NLRB General Counsel’s May 30, 2023 memo (“Abruzzo Memo”) (see our prior article here), and apparent coordination…

Continue Reading NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?
FTC

In a rapid-fire response, the Ryan Court in the Northern District of Texas this morning denied Plaintiff and Plaintiff-Intervenors’ Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, and Plaintiff and Plaintiff-Intervenors’ Motion for Expedited Consideration of their Motion for Limited Reconsideration of the Scope of Preliminary Relief (for more on these motions, see here). In a…

Continue Reading UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case

Having achieved a milestone in obtaining a limited preliminary injunction halting the application of the FTC ban on non-competes effective September 4, 2024 as to the named plaintiffs and plaintiff-intervenors in its Texas lawsuit, the U.S. Chamber of Commerce et al. and Ryan, LLC moved today, July 10, to expand the injunction to apply more broadly.  Specifically, plaintiffs moved Chief…

Continue Reading U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban

Against the backdrop of the FTC’s rule banning non-compete agreements nationwide and the lawsuits challenging that rule, many states have considered legislation narrowing or outright banning non-competes. Minnesota recently followed California, Oklahoma and North Dakota in adopting legislation banning all employment-based non-compete agreements. Washington state adopted additional requirements for using non-competes with its residents. And, Colorado recently limited the use…

Continue Reading Rhode Island Governor Vetoes Proposed Non-Compete Ban
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On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive contracts ostensibly requiring repayment to employers for education and training expenses upon termination of employment, commonly referred to as “TRAPs” (Training Repayment Agreement Provisions). This new…

Continue Reading Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)