Dawn Mertineit to Present Webinar on Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions | Seyfarth Shaw

On Thursday, January 19 at 10 am Eastern, Boston partner Dawn Mertineit is presenting a webinar for the Federal Bar Association and myLawCLE. The “Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions” webinar covers best practices and key tips for businesses with employees in multiple jurisdictions, from drafting restrictive covenants agreements, implementing a plan to roll those agreements out, and enforcing those agreements should an employee breach them .

Key topics include:

  • Whether to use a single agreement for various jurisdictions, or multiple different agreements
  • Which states have a choice of law or forum provisions to be aware of
  • Which

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to accept existing non-compete clauses with workers and actively inform their employees that the contracts are no longer in effect.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 The FTC did not file the proposed rule with the Federal Register until January 18, 2023, and it will not be published until January 19, 2023, meaning …

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 …

FTC Enforcement Actions Stake Out Aggressive New Position on Post-Employment Non-Compete Agreements

“Practices that three unelected bureaucrats find distasteful will be labeled with nefarious adjectives and summarily condemned, with little to no evidence of harm to competition. I fear the consequences for our economy, and for the FTC as an institution”

– FTC Commissioner Christine S. Wilson

The Federal Trade Commission (“FTC”) started 2023 with a bang. In addition to issuing a proposed Rule that would ban post-employment non-competes nationwide, the FTC announced that it had settled two previously undisclosed enforcement actions and entered into proposed consent orders with three employers based on a novel legal theory. According to the Complaints filed …

Small Business – Picayune Items

NEW YORK, Jan. 12, 2023 /PRNewswire/ — Pomerantz LLP is investigating claims on behalf of investors of Twist Bioscience Corporation (“Twist” or the “Company”) (NASDAQ: TWST). Such investors are advised to contact Robert S. Willoughby at [email protected] or 888-476-6529, ext. 7980.

Fighting for victims of securities fraud for more than 85 years (PRNewsfoto/Pomerantz LLP)

The investigation concerns whether Twist and certain of its officers and/or directors have engaged in securities fraud or other unlawful business practices.

[Click here for information about joining the class action]

On November 15, 2022, Scorpion Capital published a short report on Twist (the “Scorpion Report”). The Scorpion Report described Twist as “[t]he latest miniaturized ‘lab-on-a-chip’ scam,

Restrictive Covenants in the Fifth Circuit

Restrictive covenants not to compete, or non-compete agreements, are one of a variety of tools companies use to protect their trade secrets and competitive advantage. However, whether a court will enforce a restrictive covenant varies widely across jurisdictions, including across states within the Fifth Circuit. For example, the Louisiana statute governing restrictive covenants applies a two-year durational limit, while Mississippi common law applies a more general ‘reasonable and specific’ standard to the duration and geographic scope of a restrictive covenant. In addition, Mississippi courts must balance the rights of the employer, the employee, and the public when enforcing restrictive covenants.

Class Action Lawsuit Filed to Recover

Investors can contact the law firm at no cost to learn more about recovering their losses

LOS ANGELES, June 29, 2022 (GLOBE NEWSWIRE) — The Portnoy Law Firm advises Amazon.com, Inc. (“Amazon” or the “Company”) (NASDAQ: AMZN) investors that a class action filed on behalf of investors that purchased Amazon shares and lost money are encouraged to contact the firm to discuss their legal rights.

Investors are encouraged to contact attorney Lesley F. Portnoy, by phone 844-767-8529 or email: [email protected], to discuss their legal rights, or click here to join the case via www.portnoylaw.com. The Portnoy Law Firm can provide