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Non-Solicitation-of-Employee Agreements Are Not Non-Competes—Except When They Are

Employers commonly include prohibitions against post-employment soliciting of customers and employees in employment agreements. Most states simply treat prohibitions against soliciting customers like non-compete agreements—they are generally unenforceable unless narrowly tailored.[1]  Other states go beyond the non-compete analysis and apply additional factors to determine whether a customer non-solicit is enforceable.[2] When it comes to non-solicits … Continue Reading

Non-Competes Depart the Federal Scene in the New Administration

The past two years have marked a seemingly volatile time for non-compete law in the United States, traditionally a state issue. National political forces—the United States Department of the Treasury, the White House, and Senators Al Franken and Chris Murphy—showed an interest in attempting to limit the enforceability of non-competes. We have previously covered this … Continue Reading

How Trade Secrets Law Protects Contractor Proposal Info

Douglas C. Proxmire and Elizabeth A. Buehler published “How Trade Secrets Law Protects Contractor Proposal Info” in Law360 on November 12, 2014. In a time of shrinking budgets and contracting opportunities, government contractors should be aware that the information compiled in their proposals has grown increasingly more valuable. Fortunately, the Uniform Trade Secrets Act is … Continue Reading