FTC Ban on Non-competes Will Expand Trade Secrets Litigation
JD Supra Law
MAY 3, 2024
The final rule is the anticipated result of years of workshops on the topic, and follows the FTC’s January 19, 2023 proposed rule and 90-day public comment period.
topics federal-bans 
Florida “Freedom to Read” Case Moves Forward
Velocity of Content
JANUARY 12, 2024
A federal lawsuit over book bans in Escambia County, Fla. Constitution—because books singled out for removal are “disproportionately by non-white and/or LGBTQ+ authors” and often address “themes or topics” related to race or the LGBTQ community.
Publishing 
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Dawn Mertineit to Present Webinar on Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions
Trading Secrets
JANUARY 17, 2023
Eastern, Boston partner Dawn Mertineit is presenting a webinar for the Federal Bar Association and myLawCLE. Key topics include: Whether to use a single agreement for various jurisdictions, or multiple different agreements. For more information and to register, visit the Federal Bar Association website or the myLawCLE website.
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Dawn Mertineit to Present Webinar on Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions
LexBlog IP
JANUARY 17, 2023
Eastern, Boston partner Dawn Mertineit is presenting a webinar for the Federal Bar Association and myLawCLE. Key topics include: Whether to use a single agreement for various jurisdictions, or multiple different agreements. For more information and to register, visit the Federal Bar Association website or the myLawCLE website.
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Executive Order on Promoting Competition in the American Economy
Patently-O
JULY 9, 2021
The FTC is being asked to either ban or significantly limit non-compete agreements. The FTC is being asked to ban occupational licensing requirements that impede economic mobility. This is largely a construct of Federal Law. More to come on this topic. This stifle’s competitions and limits workplace mobility.
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Upcoming Webinar! FTC Proposes Rule Banning Use of Non-Competes. Now What?
Trading Secrets
JANUARY 10, 2023
In the first installment of the 2023 Trade Secrets & Non-Competes Webinar Series, our team will focus on the new Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers. The FTC’s proposed rule banning non-competes and the FTC’s reasoning and justification for the proposed rule.
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UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech
Trading Secrets
NOVEMBER 13, 2023
It set out a number of domestic and foreign policy priorities for the Governmen t ranging from energy independence and the wars in Israel and Ukraine to regulating football clubs and banning cigarettes forever. Federal Trade Commission and increasingly taken by U.S. Unlike the approach taken by the U.S.
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Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits
Technology & Marketing Law Blog
MARCH 2, 2023
In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. HomeAdvisor Roca Labs’ Anti-Review Clause Violates FTC Act–FTC v.
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Upcoming Webinar! FTC Proposes Rule Banning Use of Non-Competes. Now What?
Trading Secrets
JANUARY 10, 2023
In the first installment of the 2023 Trade Secrets & Non-Competes Webinar Series, our team will focus on the new Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers. The FTC’s proposed rule banning non-competes and the FTC’s reasoning and justification for the proposed rule.
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Catching Up on Government Officials’ Censorship of Constituents on Social Media
Technology & Marketing Law Blog
DECEMBER 1, 2022
The only question here is whether federal courts are authorized to legally forbid one from doing so in these circumstances…I conclude they are not… Plaintiff’s claims are barred by sovereign immunity and for lack of a judicially cognizable cause of action. This cannot be the right outcome.
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Upcoming Webinar! FTC Proposes Rule Banning Use of Non-Competes. Now What?
LexBlog IP
JANUARY 10, 2023
In the first installment of the 2023 Trade Secrets & Non-Competes Webinar Series, our team will focus on the new Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers. REGISTER HERE.
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UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech
LexBlog IP
NOVEMBER 13, 2023
It set out a number of domestic and foreign policy priorities for the Governmen t ranging from energy independence and the wars in Israel and Ukraine to regulating football clubs and banning cigarettes forever. Federal Trade Commission and increasingly taken by U.S. Unlike the approach taken by the U.S.
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Lawyers Urge Caution over Federal Trade Commission Exercising Jurisdiction over Non-Competes
LexBlog IP
JULY 30, 2021
Earlier this month, I wrote a post about President Biden’s executive order directing the Federal Trade Commission (FTC) to take action to curtail the abuse of non-competes and other employment agreements that could limit employee mobility.
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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
Trading Secrets
DECEMBER 19, 2023
The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. FTC proposes a rule to ban non-compete agreements with workers, affecting various agreement types. 15 USC § 45(2).
Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership
IPilogue
NOVEMBER 17, 2021
Tagaq noted, “ Kakiniit was banned by the colonialists. Kakiniit was banned like our ceremonies and languages were banned. The Federal Court of Australia explored this notion in John Bulun Bulun & Anor v R & T Textiles Pty Ltd. We have worked hard to revitalize our culture. To cast away the shame.
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Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes
LexBlog IP
DECEMBER 23, 2021
Like the previous letter, this submission recommends against federal regulation of non-competes. It references new research by Gerald Carino at the Federal Reserve Bank of Philadelphia supporting the position that non-competes may help, rather than stifle, start-ups.
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Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes
Trading Secrets
DECEMBER 23, 2021
Like the previous letter, this submission recommends against federal regulation of non-competes. It references new research by Gerald Carino at the Federal Reserve Bank of Philadelphia supporting the position that non-competes may help, rather than stifle, start-ups.
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Constituents Can Sue Chicago Alderman for Blocking Their Facebook Comments–Czosnyka v. Gardiner
Technology & Marketing Law Blog
FEBRUARY 12, 2022
Moreover, plaintiffs have set forth sufficiently detailed allegations that Alderman Gardiner knowingly banned constituents and engaged in content-based regulation of speech on his Facebook Page. City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. Gardiner , 2022 WL 407651 (N.D. Ziegenhorn.
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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
LexBlog IP
DECEMBER 19, 2023
The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. FTC Proposes Rule Banning Use of Non-Competes. FTC proposes a rule to ban non-compete agreements with workers, affecting various agreement types. ” 15 USC § 45(2).
Upcoming Webinar! 2022 Trade Secrets & Non-Competes Year in Review
Trading Secrets
JANUARY 13, 2023
Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: . Discussion of legislative and regulatory efforts to narrow use on non-competes and restrictive covenants at the federal level, specifically the new FTC proposed rule banning the use of non-competes with workers.
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RIAA Targets ‘AI Hub’ Discord Users Over Copyright Infringement
TorrentFreak
JUNE 22, 2023
This is a highly controversial topic in the music industry, with many insiders suggesting that commercial use of these models could breach copyright law. Exactly what is allowed and what isn’t is a topic of legislative debate. The subpoena was sent to Discord on June 14th with an accompanying letter.
Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional
Trading Secrets
JANUARY 12, 2023
As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. 15 U.S.C. § See VA Hiring Enhancement Act ( H.R.3401
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Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional
LexBlog IP
JANUARY 12, 2023
As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. 15 U.S.C. § See VA Hiring Enhancement Act ( H.R.3401
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Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional
Trading Secrets
JANUARY 12, 2023
As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. 15 U.S.C. § See VA Hiring Enhancement Act ( H.R.3401
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Monthly Wrap Up (March 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Cases, Developments and Posts
LexBlog IP
MARCH 12, 2023
However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. the Eighth Circuit joined six other federal circuits that found this form of pleading to be sufficient. In Calvary Indus.,
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Upcoming Webinar! 2022 Trade Secrets & Non-Competes Year in Review
LexBlog IP
JANUARY 13, 2023
Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: Significant new legislation for non-competes and other restrictive covenants and related court decisions that may affect their enforcement.
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Disparate impact isn't "unfair" for consumer protection purposes, court indicates
43(B)log
SEPTEMBER 23, 2021
May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? Conopco, Inc., 20-2696 (8 h Cir. The court here implicitly says no, without ever confronting the question directly. Seems wrong to me. The court of appeals affirmed the dismissal of the complaint.
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Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition
LexBlog IP
DECEMBER 22, 2021
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss issues affecting competition in the labor market (“Workshop”). How We Got Here. Takeaways from the Workshop.
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Reddit Asks Court to Protect Users’ Anonymity in Third-Party Piracy Lawsuit
TorrentFreak
MARCH 2, 2023
The “repeat infringer” issue remains a hot topic in U.S. That would be a huge violation of everyone’s privacy and, in my opinion, Reddit would take action and ban the piracy subreddit.” courts, with ongoing lawsuits against several ISPs. Internet provider RCN is one of the companies targeted.
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Copyright Hygiene for Digital Content Creators
Velocity of Content
AUGUST 19, 2021
As a result, CCB proceedings will require far fewer resources (in money and time) than federal court lawsuits. This means that respondents will be assured that they cannot face damages as high as those available in federal court (which can be up to $150,000 per work infringed). “It Monetary damages will be capped at $30,000.
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Minnesota Wants to Ban Under-18s From User-Generated Content Services
Technology & Marketing Law Blog
MAY 11, 2022
It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” The post Minnesota Wants to Ban Under-18s From User-Generated Content Services appeared first on Technology & Marketing Law Blog. LGBTQ kids trying to form communities) and whistleblowing.
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Almost 2 Years Post-Cannabis Legalization – A Comparative View of the Budding Industry Across Canada
Canadian Intellectual Property Blog
AUGUST 4, 2020
This article will briefly discuss the federal cannabis framework and delve into the various provincial frameworks adopted across Canada for the recreational sale of cannabis. products include edibles, topicals, vape pens and beverages. 5] Quebec has also banned the home cultivation of cannabis plants for personal use.
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Triller’s $150k ‘Landmark’ Win Over Jake Paul YouTube Pirate Deserves Nuance
TorrentFreak
NOVEMBER 27, 2022
That could mean a strike, a channel ban, or even a lawsuit. For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. Claims that De La Santos intercepted a satellite broadcast in violation of the Federal Communications Act also fell flat.
Roundup of Recent Section 230 Developments
Technology & Marketing Law Blog
MAY 19, 2023
A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. This is one of the many lawsuits alleging that politicians banned constituents on social media. That is all actionable conduct not barred by Section 230. __ Missouri v. Biden , 2023 WL 2578260 (W.D. March 20, 2023). Tautology much? __ McDow v.
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Florida and Its Amici Try to Justify Government Censorship in the 11th Circuit–NetChoice v. Moody
Technology & Marketing Law Blog
SEPTEMBER 19, 2021
Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. The Florida law doesn’t ban censorship; it IS censorship. “newspapers are unlike social media platforms making decisions about which users to deplatform, censor, or shadow ban.
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Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta
Technology & Marketing Law Blog
OCTOBER 16, 2023
Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” That makes this topic is the #1 battle privacy advocates should be fighting.
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79 Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?
Patently-O
DECEMBER 12, 2021
1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….” The Lanham Act seems to say no, and the U.S.
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Monthly Wrap Up (January 9, 2023): Noteworthy Trade Secret and Restrictive Covenant Posts, Cases and Developments
LexBlog IP
JANUARY 9, 2023
December was unusually busy and 2023 started with a bang courtesy of the Federal Trade Commission’s (FTC) proposed rule banning noncompetes. That is the simple message that many federal courts are sending to trade secret owners, and a recent decision by District Court Judge Nugent of the U.S. More on that debate later.
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IP and Cannabis: The Current Landscape
Fish & Richardson Trademark & Copyright Thoughts
DECEMBER 2, 2020
ii] While marijuana remains a Schedule I controlled substance under federal law, a majority of states have legalized consumption of certain cannabis products under certain conditions. iii] This tension between state and federal law presents obstacles for cannabis entrepreneurs. billion, with an expected increase to $29.7
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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered
LexBlog IP
SEPTEMBER 20, 2022
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic.
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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn
Technology & Marketing Law Blog
MAY 2, 2022
Contact me if you are willing to teach this topic to my Internet Law students, because today I have no clue how to help them understand the CFAA. Whenever I read a CFAA case, I pause to remember that this is a federal criminal statute. Is the CFAA just a proxy for antitrust concerns? Comments from Kieran McCarthy.
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2021 Trade Secrets Webinar Series: Takeaways & Recordings
Trading Secrets
DECEMBER 21, 2021
The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. Federal legislation continues to be proposed to establish standardized rules for non-compete agreements, which if passed, would supersede a variety of state laws, but so far, no proposals have made it past committee.
California Enacts a New Law about Olive Oil Labeling
LexBlog IP
JANUARY 18, 2022
With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.
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2021 Trade Secrets Webinar Series: Takeaways & Recordings
LexBlog IP
DECEMBER 21, 2021
The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. Federal legislation continues to be proposed to establish standardized rules for non-compete agreements, which if passed, would supersede a variety of state laws, but so far, no proposals have made it past committee.
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