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Erik J. WintonBlog Posts

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  • D.C. City Council Blinks, Rolls Back Non-Compete Ban

    Having initially enacted a total ban on non-compete agreements that went so far as to ban prohibitions against moonlighting with competitors, the District of Columbia City Council has significantly changed the law’s scope. Details of the amended D.C. “ban,” including how the act permits non-compete agreements for “highly compensated employees,” are laid out the article,...
    August 12, 2022
  • 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
  • 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
  • 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
  • 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
  • Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant

    Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/or hire employees who are not party to the...… Continue Reading The post Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant appeared first on Non-Compete and Trade Secrets Report.
    January 24, 2020
  • Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee

    On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff company’s attempt to override California law by including a Delaware choice of law provision in the underlying agreement. Background We initially reported...… Continue Reading The post Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee appeared first on Non-Compete and Trade Secrets Report.
    September 9, 2019
  • 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

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