On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation of the Sherman Act (see Complaint and Consent Decree
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 7
Brazilian Courts Set Standards For Enforcement Of Non-Compete Agreements
On April 20, 2018, Jackson Lewis published an article entitled, “Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations,” by John Sander and Maya Atrakchi in the New York City office. John currently serves as Chairman of L&E…
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…
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…
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…
Wisconsin Supreme Court Applies Non-Compete Law To Invalidate Anti-Poaching Covenant
On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case No. 2015AP1530 (Wisc. Jan. 19,…
Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements
The chief prosecutor in the U.S. Department of Justice’s Antitrust Division signaled last week that his unit expects to initiate criminal actions against multiple companies accused of entering unlawful pacts not to hire each other’s employees. Such action would fulfill…
A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact
In the fourth quarter of 2017, two major financial firms dropped out of an industry-wide Protocol for Broker Recruiting (the “Protocol”), an agreement designed to reduce litigation surrounding the movement of stockbrokers between competing firms. While those departures do not…
Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For Existing Employees
In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case No.…
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…