Seyfarth Synopsis: In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law
Continue Reading No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.
By Marc Fosse
Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning noncompete agreements (the “Rule”), as well as enforcement of the Rule. However, legislatures and agencies at the federal and state level continue
Continue Reading Noncompete Agreements – Employer Options and Strategies to Reduce Risks
By Michael Tamvakologos and Ian Neil, SC
Seyfarth Synopsis: It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase productivity, reduce the cost of living and/or lift wages. Non-compete clauses would be part of this
Continue Reading Why the Negative Impact of Non-Competes is Overstated
By Jesse M. Coleman and Katherine Perrelli
Commentary: The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the ruling itself is not likely one that anyone expected.
On the one hand, the Court
Continue Reading Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes
By Michael Wexler, Robert B. Milligan, and Katherine Perrelli
Tuesday, January 30, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
About the Program
Join Seyfarth’s partners, Michael Wexler, Robert Milligan, and Kate Perrelli for an insightful analysis of
Continue Reading Upcoming Webinar! 2023 Trade Secrets & Non-Competes Year in Review
By Bernard Olshansky, Daniel Small, Robert Whitman, James Yu, and Nicholas De Baun
Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023.
As we reported most recently here, New York was set to join a
Continue Reading New York Non-Compete Ban is Off the Table—For NowBy Alex Meier
Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. The “Accountability for Workplace Misconduct Act,” H.R. 8146, appears to be a federal effort to expedite the state-level trend to exempt discrimination, harassment, and retaliation information
Continue Reading House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements