Epstein Becker Green (EBG) is pleased to announce the launch of our 50-State Noncompete Survey, designed to give employers a desktop guide to the great variety and specificity of noncompete laws across the United States.
EBG’s 50-State Noncompete Survey is here to help provide key insights on all of the following areas of noncompete law in your state:
Are non-competitive employees permissible?
Is there a general non-compete statute or other industry-specific statute and rules?
Are certain employees exempt from noncompetitive?
Is continued employment sufficient consideration?
Are there notice-related or other unique requirements?
Are customers and employees non-solvent permissible?
Can noncompetes…
Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.
Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers.
As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…
Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.
Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers.
As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…
FTC Commissioner Christine Wilson, published an Op-Ed in the Wall Street Journal today in which she announced her resignation from the FTC and explained her reasoning. Readers may recall that Commissioner Wilson was the lone dissenting voice on the FTC’s proposed banning rule non-competes nationwide.
In the Op-Ed, Commissioner Wilson says that her decision to resign arose out of FTC Chair Lina Khan’s “disregard for the rule of law and due process and the way senior FTC officials enable her,” concluding with: “I refuse to give their endeavor any further hint of legitimacy by remaining” at the Commission. Relevant to…
Thomson Reuters Practical Law has released the 2023 update to “Preparing for Non-Compete Litigation,” co-authored by our colleague Peter A. Steinmeyer.
Following is an excerpt (see below to download the full version in PDF format):
Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can…
The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 pm ET, to discuss its proposed nationwide non-compete ban. The forum is intended to supplement the FTC’s request for written comments, which as of today have exceeded 10,000. According to the FTC, “[t]the commission will hear from a series of speakers who have been subject to non-compete restrictions, as well as business owners who have experience with non-competes.” It is unclear whether any of the “business owners who have experience with non-competitors” support their use, or if the FTC…
our colleagues Erik W. Weibust, Peter A. Steinmeyer, and Stuart M. Gershon co-authored an article in the legal backgrounder, published by the Washington Legal Foundation, titled “After 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetites in Unauthorized Federal Power Grab.”
Following is an excerpt:
For over 200 years, the regulation of non-competition agreements (“non-competitions”) has been entirely the province of state law. Forty-seven states currently permit noncompetes, and the most recent state to ban them was Oklahoma in 1890. Yet the Biden Administration and its activist Federal Trade Commission (“FTC”) Chair want to do exactly that…
Restrictive covenants not to compete, or non-compete agreements, are one of a variety of tools companies use to protect their trade secrets and competitive advantage. However, whether a court will enforce a restrictive covenant varies widely across jurisdictions, including across states within the Fifth Circuit. For example, the Louisiana statute governing restrictive covenants applies a two-year durational limit, while Mississippi common law applies a more general ‘reasonable and specific’ standard to the duration and geographic scope of a restrictive covenant. In addition, Mississippi courts must balance the rights of the employer, the employee, and the public when enforcing restrictive covenants.…
