By Alex Meier

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor Relations Act (“NLRA”).

As we previously blogged, the NLRB seemingly took the position

Continue Reading Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

By Robert B. MilliganDawn MertineitDaniel P. Hart, and Marcus Mintz

Seyfarth Synopsis: We invite you to watch our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023. This essential webinar provides

Continue Reading Webinar Recap! What Employers Need to Know Regarding Non-Compete Changes in 2023

By Alex Meier and Cary Reid Burke 

Seyfarth Synopsis: The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee handbook violated

Continue Reading We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

By Laurence Harvey Wood and Georgina Hatch 

Seyfarth Synopsis: The short answer is no, not yet, but their future looks uncertain. In this update we have a look at developments affecting restrictive covenants across various jurisdictions around the globe and what multinational employers should know.

Non-competition clauses (otherwise known as “non-competes” or restraints of trade) are clauses

Continue Reading Are Restrictive Covenants a Thing of the Past?

By Dawn Mertineit

Seyfarth Synopsis: In a rare appellate decision on enforceability of non-disclosure agreements and a plaintiff’s burden to establish the existence of trade secrets, the First Circuit recently overturned a district court summary judgment order and trial verdict. This decision serves as an important reminder for both those who litigate trade secrets claims and those who draft
Continue Reading Rare First Circuit Decision Invalidating NDA and Overturning Misappropriation Verdict Serves as a Cautionary Tale