FTC Announces Public Forum on Proposed Noncompete Ban

The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 pm ET, to discuss its proposed nationwide non-compete ban. The forum is intended to supplement the FTC’s request for written comments, which as of today have exceeded 10,000. According to the FTC, “[t]the commission […]

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Garden Leave Provisions in Employment Agreements: 2023 Update

Thomson Reuters Practical Law has released the 2023 update to “Garden Leave Provisions in Employment Agreements,” co-authored by our colleague Peter A. Steinmeyer and Lauri F. Rasnick. The Note discusses garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements. It addresses the differences between garden leave and […]

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Trade Secrets Litigation: 2023 Update

Thomson Reuters Practical Law has released the 2023 update to “Trade Secrets Litigation,” co-authored by our colleague Peter A. Steinmeyer. Following is an excerpt (see below to download the full article in PDF format): Trade secrets are often an employer’s most valuable assets. When an employee or former employee misappropriates an employer’s trade secrets, the […]

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FTC Commissioner Christine Wilson, the Lone Dissenting Voice on the FTC’s Proposed Noncompete Ban, Resigns

FTC Commissioner Christine Wilson, published an Op-Ed in the Wall Street Journal today in which she announced her resignation from the FTC and explained her reasoning. Readers may recall that Commissioner Wilson was the lone dissenting voice on the FTC’s proposed banning rule non-competes nationwide. In the Op-Ed, Commissioner Wilson says that her decision to […]

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100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban

As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning non-competes nationwide by an additional 60 days. According to the letter, “[t]he regulated community should be given sufficient time to assess the potential consequences of the rulemaking and […]

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Ethical Issues for Attorneys Regarding Restrictive Covenants

our colleagues Peter A. Steinmeyer, Erik W. Weibustand Angel A. Perez co-authored an article in Thomson Reuters Practical Law’s The Journalentitled “Restrictive Covenants: Ethical Issues for Attorneys.” Following is an excerpt: Companies across the US commonly use non-compete agreements and other restrictive covenants to protect the company’s legitimate business interests. These agreements are used with […]

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