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Jonathan L. CrookBlog Posts

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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

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

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

“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

New Jersey General Assembly to Vote on Renewed Bill Seeking to Curb Restrictive Covenants

New Jersey may be next up to join the growing number of states that significantly restrict the use of non-competition agreements in employment.  As we discussed back in December 2017, a bill proposed in New Jersey at the time, Senate Bill 3518, would “impose significant restrictions and limitations” on the use of restrictive covenants in...… Continue Reading The post New Jersey General Assembly to Vote on Renewed Bill Seeking to Curb Restrictive Covenants appeared first on Restrictive Covenant Report.
March 12, 2021

Employers’ Toolbox Series: Lessons on Ex Parte Seizure in Five Years of the DTSA

(This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and other business interests.) The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836, et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. ...… Continue Reading The post Employers’ Toolbox Series: Lessons on Ex Parte Seizure in Five Years of the DTSA appeared first on Restrictive Covenant Report.
March 10, 2021

D.C. Mayor Signs Bill to Ban Non-Competes

The District of Columbia appears poised to join the growing number of nearby states regulating and limiting restrictive covenant agreements in the employment context. Unanimously passed by the D.C. City Council on December 15, 2020 and signed by Mayor Muriel Bowser on January 11, 2021, the “The Ban on Non-Compete Agreements Amendment Act of 2020”...… Continue Reading The post D.C. Mayor Signs Bill to Ban Non-Competes appeared first on Non-Compete and Trade Secrets Report.
January 12, 2021