Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The...
View ArticleDelaware Chancery Court Invalidates Forfeiture-for-Competition Provision in...
On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited...
View ArticleLegislation Seeking to Ban Non-Competes Reintroduced in Congress
On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and...
View ArticleLessons Learned From 2022’s Trade Secret Verdicts
Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These...
View ArticleN.Y. State Senate Passes Ban on Non-Competes
UPDATE: On June 20, 2023, the New York State Assembly also voted in favor of this legislation, and the Bill is now headed to Governor Hochul. If signed by Governor Hochul, New York would become the...
View ArticleImplications of and Open Questions Regarding the N.Y. State Legislature’s...
On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive...
View ArticleFTC Orders 20-Year Non-Compete Ban for Anchor Glass
On June 2, 2023, the Federal Trade Commission (“FTC” or “the Commission”) finalized a Consent Order settling charges against Anchor Glass Container Corp. (“Anchor Glass”) for engaging in conduct which,...
View ArticleDelaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision...
On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not...
View ArticleNLRB Regional Director Targets Noncompetes in New Complaint
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate...
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[Podcast]: In a World Without Non-Competes
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel...
View ArticleNew York’s Non-Compete Bill – Gov. Hochul Weighs In
In what we believe are her first public statements on the New York Legislature’s proposal to ban ostensibly all non-compete agreements in New York, Governor Hochul on Thursday, November 30 reportedly...
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