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Erik J. WintonBlog Posts

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  • 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
  • Massachusetts Governor Signs Non-Compete Bill Into Law

    Just before midnight on July 31, 2018, the last day of its legislative session, the Massachusetts Legislature passed a significant bill regulating the use of non-compete agreements in the Commonwealth.  Today, August 10, 2018, Governor Charlie Baker signed that bill into law. In an article dated August 1, 2018, we examined the key aspects of...… Continue Reading The post Massachusetts Governor Signs Non-Compete Bill Into Law appeared first on Non-Compete and Trade Secrets Report.
    August 10, 2018
  • Massachusetts Non-Compete Law Reaches Governor’s Desk

    Just before midnight on July 31, 2018, the Massachusetts Legislature passed a bill regulating the use of non-compete agreements in the Commonwealth. This development is a long time coming, as the Legislature had been attempting for nearly a decade to create a non-compete law. In an article posted on our website on August 1, 2018, Erik...… Continue Reading The post Massachusetts Non-Compete Law Reaches Governor’s Desk appeared first on Non-Compete and Trade Secrets Report.
    August 3, 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
  • Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill

    This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December 27, 2017, and March 2, 2018). On April 17, 2018, the Joint Committee on Labor and Workforce Development submitted a revised bill, House Bill 4419 (“H 4419”), in place of the prior bills. ...… Continue Reading The post Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill appeared first on Non-Compete and Trade Secrets Report.
    April 19, 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
  • The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont

    In the final month of 2017 we discussed efforts by the Massachusetts and New Jersey legislatures to limit the use of employment non-compete agreements. By the start of 2018, the spike in activity had become a trend, with Pennsylvania, New Hampshire and Vermont introducing non-compete legislation of their own. In an article posted on our...… Continue Reading The post The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont appeared first on Non-Compete and Trade Secrets Report.
    January 10, 2018

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