Law and the Workplace

Tag Archives: non-competes

N.Y. State Senate Passes Ban on Non-Competes

By Joseph O’Keefe, Steven J. Pearlman, Daryl Leon, Alexandra Oxyer and Alyssa M. Cook on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
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 fifth state to institute a broad ban of non-compete agreements (after California, North Dakota, Oklahoma, and Minnesota). The Bill … Continue Reading

D.C.’s New Restrictive Non-Compete Law Goes Into Effect October 1, 2022

By Guy Brenner and E. Sydney Cone on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Almost 2 years after the Ban on Non-Compete Agreements Amendment Act (“the Act”) was passed, the Act – with significant amendments – will become effective and applicable to all employers with D.C. employees on October 1, 2022. The law generally prohibits employers from entering into or imposing non-compete agreements and policies on D.C. employees that … Continue Reading

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

By Guy Brenner and E. Sydney Cone on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Mayor Bowser signed the Amendment on July 27, 2022. The Amendment will go into effect on October 1, 2022 (absent action by Congress, which is not expected). On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification … Continue Reading

[Podcast]: Developments & Trends Across the Country in Non-Compete Law

By Guy Brenner and Daryl Leon on Posted in Non-Competes and Protection of Corporate Assets, The Proskauer Brief Podcast
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group. Employers should listen … Continue Reading

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

By Caroline Guensberg and Guy Brenner on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Quick Hit:  On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and unenforceable non-compete[s]” entered into after the effective date of the law.  The Act also prohibits employers from maintaining workplace … Continue Reading

Non-Competes in Washington – Over-Reaching Could Cost Employers

By Daryl Leon and John Barry on Posted in Non-Competes and Protection of Corporate Assets
Washington is the most recent state to adopt a law restricting the use of noncompetition agreements. The new law (HB 1450), which was signed by Governor Jay Inslee on May 8, 2019 and is scheduled to go into effect on January 1, 2020, will add unique challenges for employers and further complicate the restrictive covenant … Continue Reading

[Podcast]: New Non-Compete Law in Massachusetts

By Harris Mufson and Samantha Regenbogen Manelin on Posted in Non-Competes and Protection of Corporate Assets
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Samantha Regenbogen discuss significant reforms to Massachusetts law that will apply to non-competition agreements as well as adopting the Uniform Trade Secrets Act (UTSA). The law will cover non-compete agreements entered into with Massachusetts residents and Massachusetts employees on or after October 1, 2018 (but not … Continue Reading

Massachusetts Passes Non-Compete Reform Law

By Laura Franks, Mark W. Batten and Samantha Regenbogen Manelin on Posted in Non-Competes and Protection of Corporate Assets
On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a bill making significant reforms to Massachusetts’ law regarding non-compete agreements, as well as adopting the Uniform Trade Secrets Act (“UTSA”) (joining 48 other states as well as DC in adopting the UTSA at least in part, and leaving New York as the lone … Continue Reading

Illinois Restrictive Covenants Harder to Enforce Post-Fifield and Montel

By Gray Mateo-Harris and Nigel F. Telman on Posted in Litigation and Arbitration, Non-Competes and Protection of Corporate Assets
Illinois employers are still reeling from the Illinois Supreme Court’s refusal to review the decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327 (Ill. App. Ct., 1st Dist. June 24, 2013).  In Fifield, the First District Appellate Court ruled that employee non-competition and non-solicitation agreements supported by consideration consisting of less than two years … Continue Reading
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