President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate–or even long term impact–on physicians in the healthcare industry, as physician non-compete agreements (“NCAs”) are already subject to the strictures of state law in a purposeful manner that promotes access and continuity of care, while concomitantly preserving healthcare providers’ ability to protect their investment.
Articles Discussing Restrictive Covenants In The Workplace And Other Topics Relating To Unfair Competition.
Employer and Former CEO Indicted in No-Poaching Case
According to the U.S. Department of Justice (DOJ), on July 15, 2021, DaVita Inc. and its former chief executive officer were accused in an indictment of two counts of violating the Sherman Act, an antitrust law, by conspiring with two competitors to not solicit or hire each other’s key employees.
What President Biden’s Executive Order on Non-Compete Agreements May Mean for Healthcare Providers
President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate–or even long term impact–on physicians in the healthcare industry, as physician non-compete agreements (“NCAs”) are already subject to the strictures of state law in a purposeful manner that promotes access and continuity of care, while concomitantly preserving healthcare providers’ ability to protect their investment.
Takeaways from President Biden’s Executive Order on Non-Competes
In the latest step toward federal regulation of non-compete agreements, President Joe Biden has issued a wide-ranging Executive Order that, among many other competition-focused objectives, encourages the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”
President Biden Encourages FTC to Consider Limiting Non-Competition Agreements With Employees
On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.” The order directs more than a dozen federal agencies to address a wide range of competition-related issues. One such issue is non-compete covenants with employees.
President Biden’s Executive Order To Promote Competition May Ignite Congressional Action To Ban Non-Competes In Employment
President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility” as a means to increase mobility of employees seeking higher wages.
President Biden Seeks to Regulate (and Potentially Ban) Non-Competes
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy.
President Biden Directs the FTC to Curtail the Use of Non-Compete Clauses: Are Changes on the Way?
On July 9, 2021, President Biden signed a sweeping executive order aimed at promoting competition in the economy. The order includes 72 initiatives that President Biden says will address pressing competition problems and promote long-term growth across the economy. Among the initiatives is a direction to the Federal Trade Commission
President Biden Issues Executive Order Calling on FTC to “Curtail Unfair Use” of Non-Competes and Other Restrictive Covenants
There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a workshop in January 2020 (attended by our own Erik Winton) “to examine whether there is a sufficient
Apple Sues Former High-Level Employee for Trade Secret Use, Disclosure
Earlier this month, Apple filed suit in federal court in San Jose against its former employee, Simon Lancaster, for trade secret theft. The lawsuit alleges that Lancaster worked for Apple until November 1, 2019, as an Advanced Materials Lead and Product Design Architect, which is described as a “senior role” with the company. In this role, Apple claims Lancaster was tasked with “evaluating materials and prototyping innovations to enable future generations of products.”
Employers’ Toolbox Series: Lessons on Ex Parte Seizure in Five Years of the DTSA
(This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and other business interests.)
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836, et seq., is approaching its fifth anniversary after being signed into law by
VIDEO: Protecting Your Company’s Proprietary Information and Trade Secrets
Proprietary information can be your company’s greatest asset. But when those assets are misappropriated by a current or former employee, the loss can be devastating to your business. Employment defense and trail lawyer Nikole Mergo discusses the legal protections afforded to proprietary information.
9th Circuit Upholds Continuing Use Doctrine Under the DTSA
Recently, the Ninth Circuit affirmed a matter of first impression holding that an alleged misappropriation of a trade secret that occurred before the Defend Trade Secrets Act (“DTSA”) was enacted in 2016 may form the basis for a DTSA claim based on a continued use of the purloined trade secret by the defendant. Eli Attia Architect PC v. Google LLC, et al., Case No. 19-15771 (9th Cir. Dec. 16, 2020). The Ninth Circuit analyzed the Uniform Trade Secrets Act’s express “anti-continued use” language, the lack of such language in the DTSA and Congressional intent. Unfortunately for the plaintiff, the Ninth Circuit also concluded that publication of the alleged trade secrets in a patent application defeated any claim that the information remained trade secret.
Tips to Remember for Protecting Trade Secrets and Confidential Information
We hope you and your employees had a festive holiday season and happy New Year! It is always helpful to review your company policies and procedures on an annual basis, and policies and procedures on protection of trade secrets and confidential information are no different.
The US First, Fifth, and Sixth Circuits Render Recent Decisions That Analyze the Enforceability of Restrictive Covenants in Employment Agreements, Teaching Employers Some Valuable Lessons
Three recent appellate court decisions teach employers some valuable lessons when drafting employment agreements that contain restrictive covenants.
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