It’s not often that a case in our practice area reaches the Supreme Court of the United States, so we are genuinely excited!
In Van Buren v. United States, No. 19-783, the U.S. Supreme Court will have a chance
Restrictive Covenant Report
A blog on restrictive covenants, trade secrets, and unfair competition for employers
The Restrictive Covenant Report, published by Jackson Lewis P.C., focuses on legal developments and regulatory changes related to restrictive covenants in employment agreements. The blog covers topics such as non-compete agreements, no-poach agreements, garden leave provisions, and geographic and temporal limitations on restrictive covenants. It tracks legislative updates across various states, including new laws affecting healthcare practitioners and physicians, and analyzes the impact of these laws on employer and employee rights. The blog also discusses court interpretations and enforcement trends, providing insights into how restrictive covenant laws evolve and affect workforce mobility and employer protections.
Latest from Restrictive Covenant Report - Page 5
Virginia Bans Non-Competes for Low(er)-Wage Workers
Is anyone focusing on anything other than the COVID-19 Pandemic? Apparently, the Virginia legislature and governor are undeterred, enacting a series of new laws. Among them, Virginia has banned non-compete agreements for lower wage earners, becoming the most recent state…
Texas Court Rejects Effort To Dismiss Non-Compete Lawsuit On Free Speech Grounds
Texas courts are increasingly encountering efforts to challenge restrictive covenant agreements on free speech grounds, where the restricted activity includes business-related communications. A recent Texas appellate court decision indicates that this strategy has its limits.
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…
Senate Committee Holds Hearing On Recently Proposed Federal Non-Compete Bans
On November 14, 2019, the U.S. Senate Committee on Small Business and Entrepreneurship held a hearing to examine recently proposed bills that would regulate non-compete agreements at the federal level. Discussion during the hearing indicates that it may have the…
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…
Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees
In numerous states throughout the country, legislatures are moving to limit the use and enforcement of non-compete and other restrictive covenant agreements. Two such states, Maryland and Virginia, are seeking to curtail such agreements with regard to low-wage employees.
Virginia…
Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself!
A decision from the Northern District of Illinois is the latest to reiterate a stern warning we have long highlighted for employers: when insufficient steps are taken by an employer to protect its own proprietary information, courts will not provide…
Washington Governor Signs Non-Compete Law
On May 8, 2019, Washington Governor Jay Inslee signed into law HB 1450, described as “AN ACT Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses[.]” While the Act does not take effect until…
Washington State Legislature Sends Comprehensive Non-Compete Bill To Governor’s Desk
On April 26, 2019, the two chambers of the Washington Legislature passed Engrossed Substitute House Bill 1450 (“HB 1450” or the “Non-Compete Act”), which regulates non-competition agreements with employees and independent contractors, and severely restricts franchisee no-poach agreements as well…