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Why We Signed a Joint Letter Urging Caution in Non-Compete Regulation

Earlier this month, President Joseph Biden issued an Executive Order encouraging the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” We joined more than 50 lawyers and paralegals around the country – all of us experienced restrictive covenant practitioners –...… Continue Reading The post Why We Signed a Joint Letter Urging Caution in Non-Compete Regulation appeared first on Restrictive Covenant Report.
July 30, 2021

D.C. Budget Bill Includes April 1, 2022 Applicability Date for Non-Compete Ban

The District of Columbia passed one of the nation’s most stringent regulations on covenants not to compete earlier this year. Except in very limited circumstances, the law states employers may not require or request employees sign an agreement that includes a non-compete provision, and employers cannot have a workplace policy that prohibits an employee from...… Continue Reading The post D.C. Budget Bill Includes April 1, 2022 Applicability Date for Non-Compete Ban appeared first on Restrictive Covenant Report.
July 26, 2021

President Biden Issues Executive Order Calling on FTC to “Curtail Unfair Use” of Non-Competes and Other Restrictive Covenants

There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a workshop in January 2020 (attended by our own Erik Winton) “to examine whether there is a sufficient legal basis and empirical economic support”...… Continue Reading The post President Biden Issues Executive Order Calling on FTC to “Curtail Unfair Use” of Non-Competes and Other Restrictive Covenants appeared first on Restrictive Covenant Report.
July 9, 2021

New Georgia Decision Clarifies Scope of Computer Trespass Statute

Just as the United States Supreme Court recently limited the reach of the federal Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States, the Georgia Supreme Court has now reined in the Georgia state law counterpart to the CFAA. Background In Kinslow v. State, No. S20G1001 (June 21, 2021), the defendant was...… Continue Reading The post New Georgia Decision Clarifies Scope of Computer Trespass Statute appeared first on Restrictive Covenant Report.
June 24, 2021

Ohio Decision Highlights Importance of Business Protection Agreements with Independent Contractors

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair competition. As a recent decision from the Court of Appeals of Ohio highlights, employers must be especially diligent protecting against unfair...… Continue Reading The post Ohio Decision Highlights Importance of Business Protection Agreements with Independent Contractors appeared first on Restrictive Covenant Report.
June 16, 2021

New Nevada Law Further Regulates Restrictive Covenants

Important amendments to Nevada’s non-compete statute, NRS 613.195, recently were enacted when Nevada Governor Steve Sisolak signed into law Assembly Bill 47. Because A.B. 47 does not have a specified effective date, it will go into effect on October 1, 2021, pursuant to Nevada law. Ban on Non-Competes for Hourly Employees First, A.B. 47 bans...… Continue Reading The post New Nevada Law Further Regulates Restrictive Covenants appeared first on Restrictive Covenant Report.
June 9, 2021

Illinois Passes Bill to Further Limit Restrictive Covenants for Employees

After extensive negotiations between interest groups representing both employees and businesses, the Illinois General Assembly passed a major bill on May 31, 2021, that further limits and clarifies the circumstances in which restrictive covenants can be enforced against Illinois employees. Illinois Governor J. B. Pritzker is expected to sign the bill into law. We provide...… Continue Reading The post Illinois Passes Bill to Further Limit Restrictive Covenants for Employees appeared first on Restrictive Covenant Report.
June 8, 2021

“So” What? SCOTUS Adopts Narrow Interpretation of CFAA

It’s not every day the U.S. Supreme Court issues an opinion relevant to this blog, so we are understandably excited when it does. In a landmark decision, the Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq., does not prohibit improper use of computer information that an...… Continue Reading The post “So” What? SCOTUS Adopts Narrow Interpretation of CFAA appeared first on Restrictive Covenant Report.
June 7, 2021

North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer and Former Employee

When one thinks of a “reasonable” temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades. But as a recent North Carolina decision reminds us, context is everything, and a 10-year restriction can be enforceable in the right circumstances. In KNC Techs., LLC v....… Continue Reading The post North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer and Former Employee appeared first on Restrictive Covenant Report.
April 13, 2021

Two New Connecticut Bills Aim to Prohibit Physician Non-Competition Agreements

Connecticut lawmakers recently introduced two bills that seek to ban non-competition agreements for physicians. If implemented, this would be the second time in five years that Connecticut has legislated in the area of physician restrictive covenants. In mid-2016, Connecticut enacted legislation that implemented a maximum one-year temporal limitation on physician non-competition agreements, as well as...… Continue Reading The post Two New Connecticut Bills Aim to Prohibit Physician Non-Competition Agreements appeared first on Restrictive Covenant Report.
March 23, 2021

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