IU Health to eliminate noncompete clauses for primary-care docs
Indiana University Health said Thursday it will eliminate noncompete clauses for primary-care physicians, effective Dec. 15.
noncompete agreements
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Attorneys advise clients to wait and see on FTC noncompete ban
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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Finding freedom? Noncompete agreements facing stiff challenges on state, federal level
Noncompete agreements are taking center stage in the Indiana Statehouse and on the federal level this year.
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Wise counsel when moving between firms
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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Are noncompetes overly broad?
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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Articles
FTC’s new noncompete ban allows exceptions for mergers
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.”
Mappes, Hurley and Burkhart: FTC rule banning most noncompetes leaves lots of questions
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.
FTC noncompete agreement rule ripples out into Indiana
A ruling from the Federal Trade Commission could ban the use of noncompetes for all but the highest earners if it survives legal scrutiny.
FTC bans contracts that keep workers from jumping to rival employers
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.
Macchia: The chipping away at permissible uses of non-competes
Traditionally, the question of whether a non-compete is enforceable turns on one question: is it reasonable?
Townsend: Non-compete a non-option? Consider garden leave.
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.
Allen Co. judge grants preliminary injunction in physician noncompete lawsuit
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.
Allen Co. judge grants temporary restraining order in physician noncompete lawsuit
A temporary restraining order has been granted in one of the first lawsuits following Indiana’s new statute on physician noncompete agreements.
Funk and Preller: Confidentiality, non-disparagement, noncompete restrictions
Can an employer ask an employee to sign a confidentiality, non-disparagement or noncompete agreement?
Hollis: Noncompetes: Impact of proposed FTC rule, NLRB memo
Noncompete agreements have been a longstanding topic of debate in employment law. In 2023, the federal government inserted itself into the debate.
Vague statute leads to litigation for clarification: Physician noncompete statute facing questions from both sides
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.
Following new statute, Allen Co. doctor sues to block noncompete
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.
Former paramedic not entitled to change of venue in suit over breach of noncompete agreement, COA affirms
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.
Kilies and Ben Moussa: FTC proposal to ban noncompetes: What employers need to know
What should employers do with any noncompete provisions they currently have in their employment contracts?
Indiana Senate approves doctor noncompete ban
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.
Doctors ask lawmakers to free them from noncompete agreements
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.
FTC proposes rule that would ban employee noncompete clauses
The Federal Trade Commission proposed a rule Thursday that would ban U.S. employers from imposing noncompete clauses on workers.
UBS sues wealth managers who joined rival firm
The Promus Wealth Management Group moved from UBS Financial Services Inc. to RBC Wealth Management late last month. Now, UBS has sued seven members of that team, alleging that they have improperly contacted UBS clients in hopes of luring them to RBC.
Hurley and Mappes: Trade secrets, noncompetes and remote work: Part II
The trend of increased scrutiny over noncompete enforceability, coupled with the uptick in remote work, make it all the more important for companies to revisit the “reasonable efforts” in place to protect their trade secrets.