Zimmer Biomet accusing former executive of stealing trade secrets
Zimmer Biomet alleges that a former longtime executive stole company secrets and breached a non-compete agreement after he became the CEO of a leading competitor.
noncompete agreements
-
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.
Read More -
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.
Read More -
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.
Read More -
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.
Read More
Articles
Kentucky Supreme Court opinion could inform case with Indiana ties
The Kentucky Supreme Court issued an opinion that a fee allocation provision contained in an attorney employment agreement does not violate legal public policy that prohibits the restriction of attorneys’ ability to practice law.
Case raises ethics questions about attorneys who switch firms
The complaint states that the stipulations included an $8,000-per-client liquidated-damages penalty and a $6,000 case acquisition cost, which several attorneys told The Lawyer they were surprised to see.
Elevance files lawsuit against former executive for noncompete violation
Former Chief Execution Officer Shane Hochradel resigned from Elevance in May and joined California-based Alignment Healthcare on June 1.
State Ethics Commission rules against former IEDC official, grants waiver to governor’s aide
Matthew Wade requested a formal advisory opinion on whether his offer would trigger the statute.
Cannabis company sues, alleging former employee worked simultaneously for a competitor
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.
Appeals court rules former chief operating officer did not violate noncompete agreement
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.
FTC’s proposed noncompete agreement ban enjoined by Texas judge
A Texas U.S. District Court judge ruled Tuesday that the Federal Trade Commission cannot enforce its near-total ban on noncompete agreements.
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.
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.