The Bottom Line We have previously issued alerts concerning the Federal Trade Commission’s (FTC) rule banning most employee and independent contractor non-competes (the Rule) (May 6, 2024, January 26, 2023) and come to you now with a major update. On August 20, 2024, the federal court in Continue Reading
2024 National HR in Hospitality Conference & Expo | 50 Legal Tips in 50 Minutes and Employers Expanded Non-Competes and Govt Fought Back
Quick Details Session Overview The National HR in Hospitality Conference is the industry’s premier HR conference. Through three days of programming featuring industry leaders and experts, the conference brings together the legal and practical aspects of human resources within the hospitality Continue Reading
The FTC’s Sweeping Proposal to Ban Non-Competes
The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
PRWeek | What a Ban on Non-competes Would Mean for the PR Industry
Michael Lasky and Neal Klausner were quoted in a PR Week article, "What a Ban on Non-competes Would Mean for the PR Industry." Continue Reading
The Agency 100 | Non-Competes Come Under Attack In More Jurisdictions
A number of states have enacted restrictions on non-competes in recent years. For example, in 2018 Massachusetts passed its Noncompetition Agreement Act, which prohibited certain non-compete agreements. But only three states — California, North Dakota and Oklahoma — have imposed a total ban. Continue Reading
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C. passed the Ban on Non-Compete Agreements Amendment Act (the Act) on March 16, 2021, which broadly prohibits non-compete agreements and restrictions on moonlighting. Non-compete and anti-moonlighting agreements entered into with D.C. employees after this law Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
PR Week | How PR Firms Can Avoid Killing the Attorney-Client Privilege
My prior column discussed how attorney-client privilege is an incredibly important protection that promotes full and open communications between lawyers and their clients. It’s more critical than ever that comms professionals be aware of this privilege and know how to maintain it when helping Continue Reading
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
PR Week | Non-competes Are Sometimes Nonenforceable
In people-intensive businesses with high levels of client interaction — like public relations — employees are often asked to sign a non-compete agreements, restrictive covenants that curtail their ability to compete with their former firms. But PR firms should be aware that non-compete Continue Reading