On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to report potentially unfair and anticompetitive health care practices. The online reporting portal provides examples of unfair and anticompetitive health care practices under existing antitrust laws including: “consolidation, joint ventures, and ‘roll-ups’ ”; “[a]greements among competitors to limit or fix the terms of employment for employees”; “collusion or price fix ..read more

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers. The Commission also found that non-competes tend to negatively affect competitive conditions in product and service markets, inhibiti ..read more

Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting; it’s a crucial dialogue on non-compete agreements, with an anticipated announcement of a final rule that could potentially ban most non-competes with workers. This is a significant topic that has ignited considerable debate, and the outcome could have substantial implications for businesses and workers. Whether you’re a legal professional, a business leader, or simply someo ..read more

We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets. Here are the key takeaways from the webinar: State legislatures and federal agencies continue to take aim at non-competes, so employers should consult with knowledgeable counsel and draft agreements that are not br ..read more

Tuesday, May 28, 2024 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific REGISTER HERE About the Program In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Join us for the fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys will equip you with practical strategies to bolster your defenses. Key topics to be addressed include: T ..read more

On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on Bank Merger Transactions. Among the proposed revisions, the agency’s proposal will prohibit non-compete agreements in bank mergers in which the selling bank is required to divest all or a portion of its business lines or branches. The FDIC is one of three federal banking agencies charged with responsibility for evaluating bank transactions subject to Section 18(c) of the Federal Deposit Insurance Act, also k ..read more

We invite you to watch our recent webinar, where Seyfarth Shaw LLP’s trade secret, computer fraud, and non-compete attorneys navigated the ever-evolving business landscape, safeguarding trade secrets has become a critical priority for organizations seeking resilience and success. In this webinar, our trade secret presenters, Justin Beyer, Joshua Salinas, and Dallin Wilson, delved deeper into the intricacies of building a robust culture of confidentiality through innovative Employee Training Programs. This was not just a webinar; it was a pivotal discussion meticulously tailored to empower HR p ..read more

As we reported at the end of February, Maine’s House of Representatives voted for a non-compete ban that would have invalidated virtually all such agreements in the state. In March, the Senate passed the bill, sending it to Governor Mills’s desk. Despite what looked like another victory for opponents of non-competes, Governor Mills vetoed the proposed ban, just as Governor Hochul of New York recently did. In her veto, Governor Mills said that she vetoed the bill because she was not convinced that non-competes—which are already subject to statutory restrictions under Maine law—are a major probl ..read more

Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and independent contractors. As we previously described, Washington’s original statute: Requires advance notice of non-competes “no later than the time of the acceptance of the offer of employment,” and “independent consideration” for any non-compete entered after commencement of employment; Only employees earning an annual salary exceeding $100,000, or independent contractors earn ..read more

Seyfarth proudly announced the annual installment of our Commercial Litigation Outlook and Webinar Series, featuring insights about litigation issues and trends to expect in 2024 from our nationally recognized team. The Trade Secrets practice group is pleased to present its 2024 outlook piece, “Guarding Secrets: Navigating the Shifting Landscape of Restrictive Covenants in 2024,” available here, along with a webinar focusing on the content and what to expect this year. We invite you to join us on Thursday, April 11th for the second installment of the Commercial Litigation Outlook series, title ..read more