When Do Confidentiality Agreements Make Sense?

When Do Confidentiality Agreements Make Sense?

Employers often want employees to sign a confidentiality agreement (sometimes called a “non-disclosure” agreement) to protect trade secrets, proprietary information, and other competitively sensitive business information.  But, confidentiality agreements are not a... Read more »
New York City to Consider Its Own Ban on Employer Noncompete Agreements Following Governor’s Veto

New York City to Consider Its Own Ban on Employer Noncompete Agreements Following Governor’s Veto

New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023... Read more »
The FTC and Use of CIDs to Execute Tolling Agreements and Protect

The FTC and Use of CIDs to Execute Tolling Agreements and Protect

The Federal Trade Commission Bureau of Consumer Protection welcomes an open dialogue with parties cooperating with its investigations. According to FTC attorneys, such dialogue allows the agency to make more informed decisions on... Read more »
Daniel Schudroff Comments on the Impact of the NLRB’s Ruling Restricting Employee Severance Agreements

Daniel Schudroff Comments on the Impact of the NLRB’s Ruling Restricting Employee Severance Agreements

Daniel Schudroff comments on the necessity for specific confidentiality and nondisparagement clauses in severance agreements in order to comply with a 2023 NLRB ruling, adding an additional compliance step for employers when... Read more »
California Law Change Regarding Noncompete Agreements

California Law Change Regarding Noncompete Agreements

Recent changes in California law require employers’ immediate attention. The California State Legislature recently passed AB 1076 and SB 699, making post-employment noncompete clauses in the employment context illegal, unenforceable, and void... Read more »
SEC Takes on Nondisclosure Agreements to Protect Whistleblower Program; Fines Firm  Million

SEC Takes on Nondisclosure Agreements to Protect Whistleblower Program; Fines Firm $10 Million

The U.S. Securities and Exchange Commission (SEC) in recent years has taken an aggressive stance against employers over employment agreements that the agency believes impede its whistleblower program—as highlighted by a $10... Read more »
Mia Farber, Robert Gignilliat, Scott Jang and Corey Donovan Tracey Author “California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined”

Mia Farber, Robert Gignilliat, Scott Jang and Corey Donovan Tracey Author “California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined”

Mia Farber, Robert Gignilliat, Scott Jang and Corey Donovan Tracey author “California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined,” published by SHRM.  Source link Read more »
California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as... Read more »
FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects” that are... Read more »
New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

New York Expands Restrictions on Nondisclosure Agreements Related to Discrimination, Harassment, and Retaliation Claims

Quick Hits S4516 prohibits liquidated damages clauses and forfeiture of consideration for breach of a nondisclosure or nondisparagement clause in nondisclosure agreements in connection with the settlement of certain discrimination, harassment, and... Read more »
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