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
PR Week | 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
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C.’s new law banning non-compete agreements is sweeping in scope. Given the potential liability for violating the Act, employers should become familiar with the Act’s provisions.Employers should review their existing restrictive covenant agreements for Washington, D.C. 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
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
California Employee Non-Solicitation Provisions Face Unpredictability
The Bottom Line The California Court of Appeal rejected an employee non-solicitation provision for recruiters, and one federal court in California has taken a broad reading of that decision and concluded that all employee non-solicitation provisions are invalid. This development serves as a Continue Reading
New Massachusetts Law Specifies Requirements for Noncompetition Agreements
The Bottom Line With this Act going into effect on October 1, 2018, it is critical that employers in Massachusetts: review their existing restrictive covenant agreements to ensure that they are enforceable, and update their form documents to comply with the Act going forward. The Massachusetts Continue Reading