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restrictive covenants

2024 National HR in Hospitality Conference & Expo | 50 Legal Tips in 50 Minutes and Employers Expanded Non-Competes and Govt Fought Back

April 30, 2024 by Julianne Jones

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

Event - April 30, 2024

California Pushes the Boundaries of Its Ability To Limit Employer Use of Restrictive Covenants Agreements

December 20, 2023 by Catherine Nagle

The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading

Alert - December 20, 2023

Preparing for 2024: Top 12 Ways to Protect Your Firm

October 16, 2023 by Catherine Nagle

Leaders of public relations and marketing communications firms work at the intersection of many dynamic areas in order to make their firms thrive. How can firms prepare for the year ahead? Davis+Gilbert recommends a dozen key action items — ranging from topics as diverse as navigating the Continue Reading

Checklist - October 16, 2023

What’s the Harm? Second Circuit Requires Proof of Irreparable Harm to Enjoin Restrictive Covenant Violations

April 11, 2023 by Catherine Nagle

The Bottom Line When companies seek a court injunction for a restrictive covenant violation, they often focus on the covenant’s enforceability. They do this by arguing that the non-compete and customer non-solicitation covenants protect legitimate business interests — and is narrowly tailored Continue Reading

Alert - April 11, 2023

The FTC’s Sweeping Proposal to Ban Non-Competes

January 26, 2023 by Catherine Nagle

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

Alert - January 26, 2023

For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants

December 15, 2022 by Catherine Nagle

The Bottom Line “Courts disfavor restrictive covenants.” This statement has become axiomatic in employment law, and it has never been truer. In the past several years, judges in various jurisdictions have cast an increasingly critical eye on agreements that purport to restrict employees’ Continue Reading

Alert - December 15, 2022

New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment

December 8, 2022 by Catherine Nagle

Bottom Line The federal Speak Out Act limits the enforceability of predispute nondisclosure and nondisparagement provisions related to incidents of sexual harassment and sexual assault.Employers should review and, if necessary, revise standard employment and restrictive covenant agreements to Continue Reading

Alert - December 8, 2022

Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements

September 14, 2022 by Patrick Quinn

The Bottom Line Washington, D.C.’s amended law banning non-compete agreements contains an exception for highly compensated employees and no longer outright bans anti-moonlighting provisions in all instances. Employers should be mindful of the total annual compensation awarded to employees in Continue Reading

Alert - September 14, 2022

California Employee Non-Solicitation Provisions Face Unpredictability

March 14, 2019 by Catherine Nagle

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

Alert - March 14, 2019

Enforcing Restrictive Covenants Against Employees Discharged Without Cause

April 17, 2017 by Catherine Nagle

The Bottom Line A bright-line rule that an employer may not enforce restrictive covenants against an employee terminated without cause appears to be re-emerging in New York. But there are potential strategies for employers to secure enforceable post-employment restrictions against an involuntarily Continue Reading

Alert - April 17, 2017

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