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News outlets have run wild with coverage of President Biden’s July 9, 2021 Executive Order (the “EO”), encouraging the Chair of the Federal Trade Commission (“FTC”) to work with the “rest of the Commission” to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

July 13, 2021
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Insight

My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in commercial litigation.

May 12, 2021
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On March 15, 2021, the District of Columbia’s new “Ban on Non-Compete Agreements Amendment Act of 2020” is projected to pass Congressional review and become law.

V&E Government Contracts Update

March 10, 2021
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Insight

Last week, the mayor of Washington, D.C. signed into law the “Ban on Non-Compete Agreements Amendment Act of 2020.”

January 20, 2021
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It’s not uncommon for businesses to develop forms of non-compete and non-solicit restrictions and then roll them out across most or all of the workforce.

October 20, 2020
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Insight

The Federal Trade Commission seeks public comment related to its future role in restricting the use of non-compete clauses in employer-employee contracts.

March 3, 2020
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Insight

Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C.

February 20, 2020
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Insight

Have you seen situations in which executives are subject to non-compete and non-solicit covenants in their employment agreements, equity/shareholder agreements and a business sale agreement, all at the same time? Having three sets of similar restrictions all running simultaneously might seem like overkill, but there are often good reasons for it.

February 18, 2020
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Insight

There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to…

October 22, 2019
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Insight

Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions…

July 18, 2019
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My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s…

May 23, 2019
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Insight

Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to…

April 11, 2019