Category Archives: Unfair Competition

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The DOJ’s Antitrust Scrutiny is Here to Stay

antitrust
Over the past couple of years, the U.S. Department of Justice (DOJ) has stepped up antitrust enforcement against companies for entering “no-poach” agreements. These “no-poach” or “no-hire” agreements are arrangements entered into between companies that would otherwise compete for the same employees, whereby each company agrees not to recruit/solicit or hire the other’s employees.… Continue reading this entry

Employers Face Hurdles in Enforcing Non-Competes Against Lower-Wage Workers

non-competes
Employers requiring lower-wage employees to sign and abide by non-competition and non-solicitation of clients provisions may want to find another mechanism to protect business goodwill and confidential information. Courts across the country are refusing to enforce non-competes against lower-wage employees and now states are taking action to preclude these agreements. In 2015, Sen. Elizabeth Warren … Continue reading this entry

The Latest and Greatest Updates About Non-Compete and Non-Solicitation Agreements in California

non-compete
Employers everywhere should be familiar with California’s strict rules against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees. Practically speaking, the rule has always been that non-compete agreements are not enforceable. Similarly, non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees … Continue reading this entry

The New Frontier: Navigating the Massachusetts Non-Compete Law One Month In

non-competes
It has been just over a month since Massachusetts’ comprehensive noncompetition reform law took effect. We explained the key provisions of the law last summer. Since then, what have we learned and what questions remain?  The New Review Period The new law requires that applicants be given any covenant not to compete for review by … Continue reading this entry

UPDATE: Texas Uniform Trade Secrets Act Signed Into Law, Becomes Effective September 1, 2013

Governor Rick Perry has signed the Texas Uniform Trade Secrets Act (TUTSA), making Texas the 48th state to adopt the uniform law.  The bill becomes effective on September 1, 2013, and will govern the misappropriation of trade secrets on or after that date. TUTSA  provides meaningful protection to employers seeking to protect their trade secrets, and … Continue reading this entry

Texas Considers Adopting Uniform Trade Secrets Act

A bill is currently pending before the Texas Legislature to adopt the Uniform Trade Secrets Act.  Currently the law in 47 states, Texas is considering the adoption of S.B. 953, the Texas Uniform Trade Secrets Act (TUTSA) to codify and clarify the common law relating to the protection of trade secrets.  The proposed bill will … Continue reading this entry