Law Firm
Spilling Secrets Podcast: How to Pursue Damages in Trade Secrets Litigation
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secret law:
Trade secrets and non-compete litigation can result in massive damage awards, but those cases can also be unpredictable. Many viable trade secret claims went …
Maine and Iowa Enact Job-Specific Limitations on Noncompetites
The two states recently have enacted restrictions on noncompete agreements being used in certain professions.
In Maine, on June 1, 2023, the Governor signed into law LD 688/HP 457, entitled “An Act to Protect Access to Veterinary Care by Prohibiting …
New York State Senate Passes Bill to Ban Noncompete Agreements
New York State may soon join the growing list of restricting jurisdictions or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting …
Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant
For the last decade, one of the biggest issues in the Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the agreement was signed. The “24 …
NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees
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., …
Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to
On May 17, 2023, US Senator Rob Wyden (D-OR) announced the release of a long-awaited report on the US Government Accountability Office’s multi-year investigation into the use of noncompete agreements across the US labor market. In announcing the release, Senator …
10,000 Lakes and . . . No Noncompetitive? Minnesota Passes Law Banning Non-Competes Effective July 1, 2023
As expected, on May 24, 2023, Governor Tim Walz signed a new law banning noncompete agreement in Minnesota. The ban will be effective for such agreements entered on or after July 1, 2023.
By enacting the Omnibus Jobs, Economic Development, …
Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee
The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics, LLC (“TQL”). TQL then sued Johnson and his company …
Restrictive Covenants in the First Circuit
To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while
No Non-Compete? No Problem. Texas Court Grants TRO Forcing Former Employees to Stop Working for Competing Business.
Restrictive covenants and non-compete agreements have been a frequent topic of this blog in recent months, and rightly so. Non-competitors are generally thought to be effective tools to help firms protect trade secrets and competitive advantages. However, these agreements are