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Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss issues affecting competition in the labor market (“Workshop”). We attended the Workshop virtually and co-signed a response letter (drafted by our friends Russell Beck and...
December 22, 2021

Florida Decision Highlights Strategy for Immediately Appealing Denial of Temporary Injunction

In many non-compete cases, the employer seeks a temporary injunction at the outset of the case to prevent further harm. If the employer loses that motion, the case usually settles or proceeds to discovery as in a standard civil action. However, there can be another option—immediate appeal. A recent Florida appellate decision demonstrates why this...
December 21, 2021

New Bills Seek to Void Restrictive Covenants for Employers with Vaccine Mandates

Employers in the U.S. are facing regulatory upheaval on multiple fronts. The federal government has taken up a new interest in potentially limiting the applicability of restrictive covenants, such as non-compete agreements. Meanwhile, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) (currently stayed by the Fifth Circuit) requiring employers...
November 18, 2021

Podcast: Enforceability of Physician Non-Compete Agreements

Including non-compete covenants in physician employment and shareholder agreements is common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.
October 14, 2021

Illinois Governor Signs New Non-Compete Bill

The Illinois General Assembly passed a major bill in May that significantly alters how and when employers can use restrictive covenants with Illinois employees.  Illinois Governor JB Pritzker signed the bill into law on August 13, 2021, and it will go into effect January 1, 2022. We provided details and analysis on the new law...… Continue Reading The post Illinois Governor Signs New Non-Compete Bill appeared first on Restrictive Covenant Report.
August 23, 2021

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

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