Comments on FTC’s Proposed Rule Banning Non-Competes With Employees and Workers Now Due March 20th | Seyfarth Shaw

The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register.

The rule would provide that non-compete clauses are an unfair method of competition and as a result, the rule would ban employers from entering non-compete clauses with their employees and workers (defined by the FTC to include independent contractors and others). The rule would require employers to accept existing non-compete clauses with workers and actively inform their employees that the contracts are no longer in effect. The rule would include a limited exception for non-compete clauses between the seller and buyer of

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban non-competes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many practical reasons why such a sweeping approach is unwarranted—in particular at the federal level. The period for submitting formal comments to the proposed rule lasts 60 days following the publication of the proposed rule in the Federal Register. The FTC did not file the proposed rule with the Federal Register until January 18, 2023, and it will not be published until January 19, 2023, meaning …

ROSEN, A LEADING LAW FIRM, Encourages NeoGenomics, Inc. Investors with Losses to Secure Counsel Before Important Deadline in Securities Class Action

NEW YORK, Jan. 16, 2023 /PRNewswire/ —

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WHY: Rosen Law Firm, a global investor rights law firm, reminds purchasers of the securities of NeoGenomics, Inc. (NASDAQ:NEO) between February 27, 2020 and April 26, 2022both dates inclusive (the “Class Period”), of the important February 6, 2023 lead plaintiff deadline.

SO WHAT: If you purchased NeoGenomics securities during the Class Period you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement.

WHAT TO DO NEXT: To join the NeoGenomics class action, go to https://rosenlegal.com/submit-form/?case_id=4888 or call Philip Kim,

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence | Seyfarth Shaw

On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages evidence to survive summary judgment, and (2) whether something can be considered on appeal that has been sealed or subject to a confidentiality agreement.

backgrounds

In March 2017, hospital staffing company Emergency Staffing Solutions Inc. (“ESS”) sued its two former employees, Harvey and James, for breach of their non-competition agreements by virtue of their new employment with its competitor, Concord, and solicitation of ESS’s customers

Webinar Recap! FTC Proposes Rule Banning Use of Non-Competes. Now What? | Seyfarth Shaw

In the first installment of our 2023 Trade Secrets & Non-Competes Webinar Series, Seyfarth partners Kate Perrelli, Michael Wexler, Robert Milligan, Dan Hart, and Dawn Mertineit discussed the new Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers. The expert panel addressed what the proposed rule would do and what employers need to know to respond.

As a conclusion to this webinar, we compiled a summary of takeaways:

  • The FTC’s attempted regulation of employment non-competes as part of its rulemaking powers is unprecedented in the 109 years since its creation in 1914. The FTC

ROSEN, A LEADING LAW FIRM, Encourages Compound DAO Investors with Losses to Secure Counsel Before Important Deadline in Securities Class Action

NEW YORK, Jan. 15, 2023 /PRNewswire/ —

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WHY: Rosen Law Firm, a global investor rights law firm, reminds purchasers and acquirers of Compound DAO tokens (COMP), on or after December 8, 2021against defendants Compound DAO, Robert Leshner, Geoffrey HayesAH Capital Management, LLC, Polychain Alchemy, LLC, Bain Capital Ventures (GP), LLC, Gauntley Networks, Inc., and Paradigm Operations LP, of the important February 7, 2023 lead plaintiff deadline.

SO WHAT: If you purchased or acquired COMP on or after December 8, 2021 you may be entitled to compensation without payment of any out of pocket fees or costs

Connecticut Trade Secret Laws: 2022 Update

Thomson Reuters Practical Law has released an update to “Trade Secret Laws: Connecticut,” a Q&A guide to state law on trade secrets and confidentiality for private employers in Connecticut, co-authored by our colleagues David S. Poppick and Carol J. Faherty, attorneys at Epstein Becker Green.

Following is an excerpt:

This Q&A addresses the state-specific definition of trade secrets and the legal requirements relating to protecting them. Federal, local, or municipal laws may impose additional or different requirements. Answers to questions can be compared across several jurisdictions. …

In particular, this Q&A addresses:

    • Overview of State Trade Secret Law
    • Definition of

Companies That Use Noncompetites Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers

Maybe we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33- year-old Biden-appointed Chair of the FTC (and a vocal opponent of non-competes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of …