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Clifford R. AtlasBlog Posts

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Utah Amends Three-Year-Old Non-Compete Law For Second Time In Two Years

After enacting its non-compete law on April 7, 2016, Utah has twice amended the law to address additional restrictions on non-competes in the broadcasting industry. Governor Gary Herbert signed the second of those amended bills on March 22, 2019. The Original Non-Compete Law Utah’s original non-compete law, which we covered in an article dated April 7, 2016,...… Continue Reading The post Utah Amends Three-Year-Old Non-Compete Law For Second Time In Two Years appeared first on Non-Compete and Trade Secrets Report.
March 26, 2019

U.S. Senators Seek Formal Investigation Of Non-Compete Use And Impact

Earlier this month, a group of six United States Senators made a joint request for the Government Accountability Office (GAO) to investigate the impact of non-compete agreements on workers and the U.S. economy as a whole. This action suggests that the federal non-compete reform effort is not going away. Recent Legislative Efforts On February 18, 2019, we...… Continue Reading The post U.S. Senators Seek Formal Investigation Of Non-Compete Use And Impact appeared first on Non-Compete and Trade Secrets Report.
March 25, 2019

U.S. Senator Reignites Federal Non-Compete Reform Efforts With Bill Aimed At Protecting Low-Wage Employees

Last year, Democrats in the United States Senate and House of Representatives introduced bills — S.2782  and H.R.5631 — banning non-compete agreements in the vast majority of workplaces across the country. Although those bills failed to gain traction, the authors of this Blog anticipated a renewed effort at federal non-compete reform in 2019, with Democrats taking control...… Continue Reading The post U.S. Senator Reignites Federal Non-Compete Reform Efforts With Bill Aimed At Protecting Low-Wage Employees appeared first on Non-Compete and Trade Secrets Report.
February 18, 2019

Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements

When implementing restrictive covenant agreements in their workforces, companies often grapple with how best to handle the wide variation in the law from one state to the other. One solution is to include a choice of law provision that calls for all agreements to be construed under the laws of a single state. Still, there...… Continue Reading The post Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements appeared first on Non-Compete and Trade Secrets Report.
December 10, 2018

Antitrust Director Signals Heightened Focus On Deterring No-Poach Agreements In Healthcare Industry

As we have reported in previous articles, the Department of Justice’s Antitrust Division has repeatedly reaffirmed its intent to criminally prosecute companies that restrict labor market competition through the use of unlawful no-poach and wage-fixing agreements. On May 17, 2018, a high-ranking Division official offered further guidance by announcing that the Division is taking a...… Continue Reading The post Antitrust Director Signals Heightened Focus On Deterring No-Poach Agreements In Healthcare Industry appeared first on Non-Compete and Trade Secrets Report.
July 17, 2018

Department Of Justice Fires Warning Shot Over Unlawful No-Poach Agreements

On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation of the Sherman Act (see Complaint and Consent Decree). Although the civil enforcement action falls short of the agency’s recently-stated inclination to criminally prosecute...… Continue Reading The post Department Of Justice Fires Warning Shot Over Unlawful No-Poach Agreements appeared first on Non-Compete and Trade Secrets Report.
April 25, 2018

Brazilian Courts Set Standards For Enforcement Of Non-Compete Agreements

On April 20, 2018, Jackson Lewis published an article entitled, “Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations,” by John Sander and Maya Atrakchi in the New York City office.  John currently serves as Chairman of L&E Global, a global alliance of premier employer’s counsel firms.  Our colleague Gabriela Lima Arantes at...… Continue Reading The post Brazilian Courts Set Standards For Enforcement Of Non-Compete Agreements appeared first on Non-Compete and Trade Secrets Report.
April 20, 2018

Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation

In the past week, two states have made modifications to their respective non-compete laws. On March 27, 2018, Utah imposed special restrictions on the use of non-compete agreements in the broadcasting industry.  One day later, Idaho modified the standard of proof that must be followed when a company seeks an injunction against a former employee...… Continue Reading The post Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation appeared first on Non-Compete and Trade Secrets Report.
April 2, 2018

Massachusetts Seeks Finality On Non-Compete Legislation

On December 27, 2017, we wrote about the Massachusetts Legislature’s efforts to regulate the use of non-compete agreements, including three bills that sought to require post-separation “garden leave” payments to former employees while they were restricted from engaging in competitive activities. Less than one month later, news reports suggested that negotiators in the Joint Committee...… Continue Reading The post Massachusetts Seeks Finality On Non-Compete Legislation appeared first on Non-Compete and Trade Secrets Report.
March 5, 2018

Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements

The chief prosecutor in the U.S. Department of Justice’s Antitrust Division signaled last week that his unit expects to initiate criminal actions against multiple companies accused of entering unlawful pacts not to hire each other’s employees.  Such action would fulfill earlier promises, by both the Trump and Obama Administrations, to treat employment-related antitrust violations with...… Continue Reading The post Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements appeared first on Non-Compete and Trade Secrets Report.
January 25, 2018

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