Archives: Non-Compete

Big Changes Coming to Colorado Noncompetition Law

By Nathan A. Schacht and Alexis Opper on July 1, 2022 Posted in Non-Compete

Colorado employers have less than two months to bring their noncompetition restrictions into compliance with HB22-1317, a bill passed by the Colorado Legislature in May 2022. HB22-1317, also known as the Restrictive Employment Agreements Act (the Act), will significantly change Colorado’s restrictive covenants statute, C.R.S. § 8-2-113, limiting the enforceability of noncompetition and customer nonsolicitation … Continue Reading

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

By Peter Stuhldreher, Mark Temple and Paul Knettel on March 23, 2021 Posted in Non-Compete

Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance … Continue Reading

Mayor Bowser Signs Broad DC Noncompete Ban – Certain Requirements Apply to Employers That ‘Don’t’ Utilize Noncompete Agreements!

By Marc Antonetti on January 21, 2021 Posted in Non-Compete

As we reported here last month, on Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation. On Jan. 11, 2021, Mayor Muriel Bowser signed and approved the Ban on Non-Compete Agreements Amendment Act of … Continue Reading

DC City Council Passes Broad Noncompete Ban

By Marc Antonetti on December 22, 2020 Posted in Non-Compete

On Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation. Since adoption of the Defend Trade Secrets Act in 2016, 11 states have enacted legislation regulating the use of noncompetes, including prohibiting them for … Continue Reading

Washington State’s New Noncompetition Laws

By James Morrison on May 28, 2019 Posted in Non-Compete

Washington state employers that rely on noncompetition agreements will face a dramatically different legal landscape beginning Jan. 1, 2020, when a new noncompetition law takes effect. ENGROSSED SUBSTITUTE HOUSE BILL 1450 Key Elements of the New Law Under the new law, noncompetition agreements will be void and unenforceable against an employee under the following conditions: … Continue Reading

California Federal District Court Interprets Recent California Court of Appeal Decision to Broadly Prohibit Employee Non-Solicitation Agreements

By Eric W. Witt on February 5, 2019 Posted in Non-Compete

California employers and their legal counsel reasonably had assumed that California law distinguishes employee non-solicitation agreements from noncompetition agreements and that the former were enforceable. That assumption was based largely on a 1985 decision by the California Court of Appeal in Loral Corp. v. Moyes, 174 Cal. App. 3d 268, which enforced an agreement prohibiting a … Continue Reading

New York Attorney General’s Office Reaches Another Settlement Over Non-Competes

By Saima Sheikh on September 25, 2018 Posted in New York, Non-Compete

Last week, the Office of the New York Attorney General (NYAG’s Office) reached a settlement with WeWork, a New York City-based company that provides shared “co-work” spaces nationwide and internationally – and, notably, is one of the largest office tenants in New York City – regarding its use of non-compete restrictions with its employees. Recently, … Continue Reading