New York State Senate Passes Bill to Ban Noncompete Agreements

New York State may soon join the growing list of restricting jurisdictions or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting certain noncompete agreements. If adopted and signed into law, the Bill would significantly change the landscape for New York employers, in part because the legislation uses broad–and sometimes vague–definitions. The Bill defines “non-compete agreement,” as “any agreement, or clause contained in any agreement, between an employer and a covered individual that prohibits or restricts such as covered individual from obtaining…
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10,000 Lakes and . . . No Noncompetitive? Minnesota Passes Law Banning Non-Competes Effective July 1, 2023

As expected, on May 24, 2023, Governor Tim Walz signed a new law banning noncompete agreement in Minnesota. The ban will be effective for such agreements entered on or after July 1, 2023. By enacting the Omnibus Jobs, Economic Development, Labor and Industry appropriations bill (MN SF 30035), Minnesota becomes only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetitors. The new law renders void and unenforceable all covenants not to compete entered by employees or independent contractors on or after July 1, 2023. The only exceptions are noncompetitive agreements relating to the sale or dissolution…
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Epstein Becker Green Launches 50-State Noncompete Survey for Employers

Epstein Becker Green (EBG) is pleased to announce the launch of our 50-State Noncompete Survey, designed to give employers a desktop guide to the great variety and specificity of noncompete laws across the United States. EBG’s 50-State Noncompete Survey is here to help provide key insights on all of the following areas of noncompete law in your state: Are non-competitive employees permissible? Is there a general non-compete statute or other industry-specific statute and rules? Are certain employees exempt from noncompetitive? Is continued employment sufficient consideration? Are there notice-related or other unique requirements? Are customers and employees non-solvent permissible? Can noncompetes…
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INVESTIGATION ALERT: The Schall Law Firm Announces it is Investigating Claims Against Wolfspeed, Inc. and Encourages Investors with Losses to Contact the Firm

INVESTIGATION ALERT: The Schall Law Firm Announces it is Investigating Claims Against Wolfspeed, Inc. and Encourages Investors with Losses to Contact the Firm The Schall Law Firm, a national shareholder rights litigation firm, announced that it is investigating claims on behalf of investors of Wolfspeed, Inc. (“Wolfspeed” or “the Company”) (NYSE: WOLF) for violations of the securities laws. The investigation focuses on whether the Company issued false and/or misleading statements and/or failed to disclose information pertinent to investors. If you are a shareholder who has suffered a loss, click here to participate. We also encourage you to contact Brian Schall…
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ROSEN, A LEADING INVESTOR RIGHTS LAW FIRM, Encourages First

NEW YORK, April 02, 2023 (GLOBE NEWSWIRE) — WHY: Rosen Law Firm, a global investor rights law firm, continues investigating potential securities claims on behalf of shareholders of First Republic Bank (NYSE: FRC, FRC.PRN, FRC.PRM, FRC.PRL, FRC.PRK) resulting from allegations that First Republic may have issued materially misleading business information to the investing public. SO WHAT: If you purchased First Republic securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO…
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Spilling Secrets Podcast: Trade Secrets on Film and TV

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secret law: The 2023 Academy Awards are over, but we’re keeping the awards season alive with our very own Trade Secrets Fail Awards, highlighting Hollywood’s biggest missteps in depicting trade secret issues on-screen. Panelists Peter A. Steinmeyer, Katherine G. Rigby, A. Millie Warner, and Daniel R. Levy discuss their picks for the worst trade secret theft and misappropriation in the movies and on television. * * * Tune in to Spilling Secrets, a podcast series on the future of trade secrets and non-compete law. Each episode…
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Restrictive Covenants in the First Circuit

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while Puerto Rico continues to govern them by common law. And with no significant updates since 2020, restrictive covenants remain disfavored and under increased scrutiny in the First Circuit. Generally, these courts will only enforce noncompete agreements that are reasonable, no broader than necessary to protect an employer’s legitimate business interests, properly noticed, and in line with public policy. The applicable…
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What the DOJ Annual Reports Reveal About Federal Trade Secret and IP Protection Efforts

Every year since 2009, the United State Department of Justice (“DOJ”) has published a report that details the actions the DOJ has taken to implement Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO IP Act”) . The PRO IP Act reports also summarizes efforts, activities, and resources that the DOJ has allocated for intellectual property enforcement. There are now a dozen PRO IP Act reports available on the DOJ’s website, and they offer useful insights into how the DOJ prioritizes the enforcement of intellectual property rights and the prosecution of those violating IP…
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