Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants, presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET).

The Symposium offers a

Continue Reading Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law had developed around the remedies available

Continue Reading No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Tuesday, October 1, 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

For more information and to register, click here.

About the Program

In a world where corporate espionage and data breaches are increasingly common, protecting your company’s intellectual property is more vital

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

Commentary: 

The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the  ruling itself is not likely one that anyone expected.   

On the one hand, the Court enjoined the FTC Rule, holding that “the

Continue Reading Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should not pursue a particular job opportunity, or (3) telling the worker that the worker is subject to a non-compete.[1] The FTC asserts that these

Continue Reading The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

We invite you to watch our webinar, “Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests.” Our multi-disciplinary team, comprised of Michael Wexler, Robert Milligan, Kate Perrelli, Suzie Saxman, Marc Fosse, and Cary Burke, dissected the ramifications of the new FTC rule banning most non-competes with workers and provided invaluable insights into how it

Continue Reading Webinar Recap! Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests

Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting; it’s a crucial dialogue on non-compete agreements, with an anticipated announcement of a final rule that could potentially ban most non-competes with workers.

This

Continue Reading Insight into the FTC’s Proposed Final Rule Potentially Banning Non-Competes: Live Blogging Event

The FTC announced today that it will be hosting a special virtual open meeting on April 23, 2024, at 2:00 p.m. Eastern to discuss its proposed final rule regarding non-competes.

According to the FTC, on the agenda, is the FTC’s proposed rule to ban noncompete clauses:

The Commission will vote on whether to issue a proposed final rule that

Continue Reading FTC To Consider Issuing Proposed Final Rule Regarding Non-Competes

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