In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
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Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & Employment
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Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & Employment
Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
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3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & Employment
One of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
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Protecting Your Trade Secrets During a Crisis Posted on: April 10, 2020 In: COVID-19 Response
Virtually every business has had to quickly transition to employing a remote workforce, whether partially or in full, to ensure compliance with local and state orders related to slowing down the spread of the novel coronavirus. Many companies have adapted primarily by relying on their employees’ ability to perform work on their personal devices.
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Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
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Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Illinois Court Expands Reach of the Defend Trade Secrets Act, Opening Door for Increased Damages Posted on: February 26, 2020 In: Labor & Employment
What is the geographical reach of the powerful trade secrets statute known as the Defend Trade Secrets Act, or DTSA? According to one judge in the Northern District of Illinois, the answer to this question is: the whole world!
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Protecting Your Trade Secrets in the European Union Posted on: September 23, 2019 In: Labor & Employment
This past week, the firm’s Denver office participated in Denver Startup Week. We spoke with many attendees about their concern with expanding their businesses to the global stage, especially in light of the uncertainty surrounding the forthcoming “Brexit.” Specifically, entrepreneurs asked about how they can go about protecting their trade secrets when they are doing business abroad.
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In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
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Protecting Your “Secret Sauce” Posted on: February 25, 2019 In: Labor & Employment
You’ve got certain stuff in your business that sets you apart from your competitors. When I speak with clients and friends about my area of legal practice, I usually refer to this stuff as a company’s “secret sauce.”
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Welcome to The Grindstone, Lewis Brisbois’ Labor & Employment Blog Posted on: February 25, 2019 In: Labor & Employment
In this day and age, we demand information at our fingertips, and expect answers that will guide our decisions within seconds. When running a business, this desire is even more pronounced, as one is often faced with situations that require quick, but well-informed, decisions. And with literally millions of sources that purport to provide you with accurate information, how are you to know what information you can trust?
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