Insights on Trade Secrets, Noncompetes & Employee Mobility

Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such as health care workers or veterinarians.

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to safeguard technological innovations in this rapidly evolving sector.

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda.

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official legal position of the NLRB, if adopted by the Board they could have far-reaching ramifications for covered employers.

Download ArentFox Schiff’s Comprehensive Annual 2024 Trade Secrets End of Year Report.

ArentFox Schiff is pleased to announce the addition of Partner Andrew S. Wong to its Complex Litigation practice in the firm’s Los Angeles office.

Partner Matthew Prewitt is moderating a panel at the 68th annual Intellectual Property, Information & Privacy Law Conference on November 8 at the University of Illinois Chicago School of Law.

Tan Anderson will provide an overview of U.S. civil and criminal trade secret litigation in federal and state courts.

On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor Relations Act (NLRA).

On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

The coast-to-coast expansion of ArentFox Schiff’s nationally recognized Intellectual Property practice continues with the addition of Partner Ehsun Forghany in the San Francisco office.

The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.

On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements.

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements.

Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA).

ArentFox Schiff is pleased to announce that 20 practices and 20 attorneys have been ranked by The Legal 500 United States 2024 guide, including two Tier 1 rankings in Intellectual Property – Patents: Prosecution and Finance – Restructuring: Municipal.

Trade Secrets, Noncompetes & Employee Mobility Practice Co-Leader Linda M. Jackson was quoted on the trade secrets risks facing employers from large-scale employee movement and with the impending Federal Trade Commission rule banning most noncompetes.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked among the best in the country in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business.

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an anticipated effective date of September 4, 2024.

With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

On April 23, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule purporting to ban most employee noncompetes.

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year.