The Federal Trade Commission’s near-total ban on noncompete agreements is scheduled to take effect in September, but two federal lawsuits challenging the ban’s validity threaten to put the agency’s new rules in legal limbo.
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Noncompete agreements are taking center stage in the Indiana Statehouse and on the federal level this year.
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Law firm managers have long known they can’t require attorneys to sign noncompete agreements when they join a firm. Even so, there have still been instances where firms have made it challenging for a lawyer trying to make a lateral move. But a recent opinion from the American Bar Association Standing Committee on Ethics and Professional Responsibility makes it clear that any provision of an employment agreement that interferes with a client’s autonomy is never acceptable.
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This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
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Colorado-based 3C LLC alleges the employee had been on staff for more than a year when the company discovered he was selling a competitor’s product while serving 3C customers.
Greenwood-based RevOne Companies failed to show a former employee breached a noncompete agreement or disclosed any of the company’s confidential and proprietary information after going to work for a competitor, the Indiana Court of Appeals ruled.
A Texas U.S. District Court judge ruled Tuesday that the Federal Trade Commission cannot enforce its near-total ban on noncompete agreements.
Indiana University Health said Thursday it will eliminate noncompete clauses for primary-care physicians, effective Dec. 15.
A sale-of-business provision in the agency’s new rules permits entering into a noncompete with a person who is selling a business or disposing of all of the person’s ownership interest in a business in a “bona fide sale.”
It remains unclear whether and when the rule will go into effect, as lawsuits have already been filed challenging the FTC’s authority to issue the rule and the rule itself.
A ruling from the Federal Trade Commission could ban the use of noncompetes for all but the highest earners if it survives legal scrutiny.
The Federal Trade Commission on Tuesday banned noncompete agreements for most U.S. workers, a move that will affect an estimated 30 million employees bound by contracts that restrict workers from switching employers within their industry.
Traditionally, the question of whether a non-compete is enforceable turns on one question: is it reasonable?
Employers in England long ago developed a concept known as “garden leave,” in which departing employees stay on the payroll during the period they are restrained from competing.
An Allen Superior Court judge has granted a doctor’s motion for a preliminary injunction in a lawsuit involving a physician noncompete agreement, although the ruling declined to apply the state’s new statute barring physician noncompetes.
A temporary restraining order has been granted in one of the first lawsuits following Indiana’s new statute on physician noncompete agreements.
Can an employer ask an employee to sign a confidentiality, non-disparagement or noncompete agreement?
Noncompete agreements have been a longstanding topic of debate in employment law. In 2023, the federal government inserted itself into the debate.
A new law went into effect in Indiana last month that eliminates the use of noncompete agreements in physicians’ contracts. However, the legislation has raised many questions for attorneys and clients on both sides of the issue.
In what is possibly the first lawsuit filed following the enactment of Indiana’s new statute restricting physician noncompetes, an Allen County doctor is suing his former employer to stop the enforcement of a noncompete clause.
A man sued by his former employer for breach of a noncompete agreement is not entitled to a change of venue for the case, the Court of Appeals of Indiana has ruled.
What should employers do with any noncompete provisions they currently have in their employment contracts?
The Indiana Senate on Tuesday overwhelmingly passed a ban on physician noncompete agreements, a top Senate GOP priority and one of several bills meant to lower the cost of health care. The bill now goes to the House for consideration.
A flurry of disputes have been raging across the country in recent years over noncompete agreements, which have largely favored hospitals, medical groups and other employers. But the tide could be shifting.