FTC Enforcement Actions Stake Out Aggressive New Position on Post-Employment Non-Compete Agreements

FTC Enforcement Actions Stake Out Aggressive New Position on Post-Employment Non-Compete Agreements

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“Practices that three unelected bureaucrats find distasteful will be labeled with nefarious adjectives and summarily condemned, with little to no evidence of harm to competition. I fear the consequences for our economy, and for the FTC as an institution” – …

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

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As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban non-competes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many practical reasons why such a …

Not All Documents Labeled Confidential Actually Are: Texas Jury Finds M Trade Secret Case Was Brought in Bad Faith | Seyfarth Shaw

Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith | Seyfarth Shaw

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On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to not actually …

NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees

NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees

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The National Labor Relations Board’s top lawyer, Jennifer Abruzzo, issued a General Counsel memo today instructing the Labor Board’s Regional Directors of her position that noncompete clauses for employees protected by the National Labor Relations Act (NLRA) (ie., nonmanagerial and …