Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban employers from using non-compete clauses.
Panelists Peter A. Steinmeyer and Erik W. Weibust and featured guest attorney Stuart M. Gerson discuss the proposed rule and next steps for employers.
Continue Reading Spilling Secrets Podcast: FTC Proposes Ban on Non-Competes
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
The holidays are over, and year-end bonuses are being paid, making January and the first quarter a common time for employees to jump ship to work for a competitor.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss what an employer should do in this situation.
Continue Reading Spilling Secrets Podcast: What to Do When a Star Employee Decamps to a Competitor
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In this episode, we’re running down the key trends of 2022.
Continue Reading Spilling Secrets Podcast: Top Trade Secret and Non-Compete Developments of 2022
Perhaps we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33-year-old Biden-appointed Chair of the FTC (and a vocal opponent of noncompetes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of noncompetes. And she may still do so.
Continue Reading Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers
Thomson Reuters Practical Law has released the 2022 update to “Non-Compete Laws: Massachusetts,” a Q&A guide to non-compete agreements between employers and employees for private employers in Massachusetts, authored by our colleagues David J. Clark and Erik Weibust, attorneys at Epstein Becker Green.
Continue Reading Massachusetts Non-Compete Laws: 2022 Update
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In this episode, hear about employer options for restrictive covenants, including non-competes, non-solicits, and confidentiality agreements, for both in-house and outside lawyers.
Continue Reading Spilling Secrets Podcast: Non-Compete Agreements for In-House and Outside Lawyers
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
An employer often overlooks training employees on what their restrictive covenant means and how to honor their confidentiality, non-competition, and non-solicitation obligations. But this type of training can be critical for employers in protecting trade secrets and avoiding litigation in the future.
Continue Reading Spilling Secrets Podcast: Employers – Train on Trade Secrets
Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:
Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees, in virtually all industries. How do restrictive covenants work in this remote work era? In this Spilling Secrets episode, hear how employers are addressing restrictive covenant concerns now that employees may be located anywhere.
Continue Reading Spilling Secrets Podcast: Restrictive Covenants in the Remote Work Boom
Welcome to Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law.
If you’re hiring from a competitor amid the Great Resignation, one of your top priorities is not getting sued.
Continue Reading Spilling Secrets Podcast: Hiring from a Competitor? Don’t Get Sued.
As readers of this blog are aware, many states now require employers to provide prospective employees with copies of any noncompetes (and, in some cases, other restrictive covenants) they will be required to sign as a condition of employment. For example, Massachusetts requires that noncompetes be provided at the earlier of when an offer is made or 10 business days before the first day of employment; in Illinois it is 14 calendar days before employment begins; in Maine it is three days; in New Hampshire and Washington a noncompete must simply be provided before an employee’s acceptance of an offer; in Oregon and Rhode Island it is two weeks before employment begins; and beginning August 9, 2022, Colorado will require not only that both noncompete and non-solicitation covenants be provided to employees at least 14 days before the effective date of employment, but a separate standalone notice must be provided as well.
Continue Reading Advance Notice of Restrictive Covenants May Be Required, but They Should Not Be Executed Before Employment Begins