Category Archives: Non-Compete

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Louisiana Court Clarifies Employee Non-Solicitation Provision Requirements

By Joseph Lavigne on Posted in Non-Compete
In a recent ruling, The Louisiana Court of Appeal, First Circuit recently ruled that an employee non-solicit/no-poaching agreement is not subject to the Louisiana non-compete statute but, nevertheless, to be valid, must have a temporal limitation that is reasonable in scope to be enforceable. Because the agreement at issue was open-ended with no temporal limitation, … Continue Reading

Federal Judge Stymies FTC Efforts to Outlaw Non-Compete Agreements

By Joseph Lavigne and Connor Fields on Posted in Federal Trade Commission, Non-Compete
On August 20, 2024, Judge Ada Brown of the US District Court for the Northern District of Texas set aside the Federal Trade Commission’s rule that effectively prohibited the use of non-compete agreements. Interpreting the Administrative Procedure Act, which provides for judicial review of the actions of federal agencies like the FTC, the court found … Continue Reading

PA Federal Court Denies Request to Enjoin FTC Ban on Non-Competes

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
As previously reported, the US District Court for the Northern District of Texas issued an injunction prohibiting the Federal Trade Commission (FTC) from enforcing its non-compete ban, which is set to take effect on September 4. That ruling, however, was limited to the plaintiffs in that case. Similarly, the US District Court for the Eastern … Continue Reading

Update – Status of Challenge to FTC Non-Compete Ban

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
As previously reported, the consolidated lawsuits challenging the Federal Trade Commission’s (FTC) non-compete ban sought a preliminary injunction and a stay until litigation is resolved concerning the FTC’s non-compete ban. On July 3, 2024, a federal judge in the US District Court for the Northern District of Texas decided that a preliminary injunction was appropriate … Continue Reading

A Closer Look at the FTC’s Final Non-Compete Rule

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
On April 23, 2024, the Federal Trade Commission (FTC) issued its Final Non-Compete Agreement Rule (Final Rule), banning non-compete agreements between employers and their workers. The Final Rule will go into effect 120 days after being published in the Federal Register. This Final Rule will impact most US businesses, specifically those that utilize non-compete agreements to protect … Continue Reading

Lavigne Quoted in TechTarget Article on FTC Noncompete Ban

By Thomas Hubert and PJ Kee on Posted in Federal Trade Commission, Jones Walker Announcements, Non-Compete
Joe Lavigne, a partner in Jones Walker LLP’s Labor & Employment Practice Group and founding member of Jones Walker’s Trade Secret Insider blog, was quoted in the TechTarget article “Election might decide fate of FTC noncompetes ban” on April 26, 2024. In the article, Joe discusses how the Federal Trade Commission’s ban on noncompete agreements affects employers and how … Continue Reading

The LA Senate Passes Restrictions on Non-Competes for Primary Care Physicians; SB 165 Now Moves to the House of Representative for a Vote

By Joseph Lavigne and Samantha Shear on Posted in Federal Trade Commission, Non-Compete, Uncategorized
Last month, we wrote about the anticipated impact of the Federal Trade Commission’s expected rule on the healthcare industry. In that post, we discussed the impacts many argued non-competes would have on the healthcare space. Specifically, while some physician groups argue the prevalence of non-competes in the healthcare industry contributes to physician shortages, other industry … Continue Reading

The Expected Impact of the FTC’s Expected Rule on Healthcare Industry

By Joseph Lavigne and Samantha Shear on Posted in Federal Trade Commission, Non-Compete
The Proposed Rule Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide. With very limited exceptions, the sweeping rule forbids any contractual term between an employer and a worker that has the effect of preventing the worker from accepting employment with a competitor, or operating a competitive … Continue Reading

Mediate Early and Sometimes Often

By Thomas Hubert on Posted in Non-Compete, Trade Secret
Trade secret, breach of fiduciary duty, unfair trade practices, breach of restrictive covenants and retention agreements, and the many state and federal claims that come with departing employees or groups of employees often scream out for mediation. As our blog has demonstrated time and again, aggressive, and immediate action is necessary in these situations and typically … Continue Reading

NLRB Issues Memo on Non-competes Violating NLRA

By Sid Lewis on Posted in Non-Compete
On May 30, 2023, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), issued a memorandum declaring that non-compete agreements for non-supervisory employees violate the National Labor Relations Act. The memo explains that having a non-compete chills employees’ Section 7 rights when it comes to demanding better wages. The ­theory goes that … Continue Reading

FTC Hosts Public Forum on Proposed Rule Banning Non-Compete Clauses

By Thomas Hubert, Joseph Lavigne and PJ Kee on Posted in Non-Compete
On February 16, the Federal Trade Commission (FTC) hosted a public forum to examine its proposed rule to ban non-compete agreements. Non-compete clauses serve to protect a business’s trade secrets and confidential information, which makes such a ban a concern for many businesses. The comment period for this proposed rule ends on April 19, so … Continue Reading

FTC To Host Virtual Public Forum

By Joseph Lavigne and Thomas Hubert on Posted in Non-Compete
As we recently reported, in January 2023, the Federal Trade Commission (FTC) announced a proposed nationwide ban on non-compete clauses. The proposed rule would restrict employers from enforcing all existing and future non-compete agreements with their employees. The FTC announced that it will host a free and open public forum on Thursday, February 16, 2023, from … Continue Reading

Comment Period for FTC’s Proposed Ban on Non-Compete Agreements Ends March 20 — The Time to Act Is Now!

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule a major concern for all US businesses. Our previous article addressed … Continue Reading

Legal Challenges the FTC Faces in Light of Proposed Ban on Non-Compete Agreements

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule concerning for all US businesses. Our previous … Continue Reading

How the FTC’s Proposed Ban on Non-Compete Agreements Could Affect Your Business

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
Closeup of male hand signing legal or insurance document on black desk with reflection.On January 5, 2023 the Federal Trade Commission released a Notice of Proposed Rule that would essentially ban all non-compete agreements between employers and employees. If the proposed rule or a similar rule is adopted by the FTC, it would have a profound impact on all US businesses and particularly those businesses that utilize non-compete … Continue Reading

A Broken Marriage: Bridal Designer Cannot Compete but Regains Control of Social Media Accounts

By Michael Foley and PJ Kee on Posted in Non-Compete, Trade Secret
In the case JLM Couture Inc. v. Gutman, in the U.S. Court of Appeals for the Second Circuit, a bridal designer signed an employment agreement that barred her from competing with her employer – JLM Couture Inc. (JLM) – following her employment. The designer also agreed to give certain rights to JLM related to a bridal … Continue Reading

Kee Published in New Orleans CityBusiness on Non-Competition Agreements Under Louisiana Law

By Jones Walker LLP on Posted in Non-Compete
P.J. Kee, a partner in the Labor & Employment Practice Group and a member of the trade secrets and fair competition team, authored the article “Do’s and Don’ts for Non-Competition Agreements Under Louisiana Law” featured in New Orleans CityBusiness. P.J. provides an outline of La. Rev. Stat. § 23:921, and the courts interpreting it, to better … Continue Reading

Tips to Remember for Protecting Trade Secrets and Confidential Information

By Joseph Lavigne on Posted in Confidential Information, Non-Compete, Trade Secret, Trade Secret Audit
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.  Below are some tips to remember and questions to consider … Continue Reading

Defining Business in Louisiana Non-Competition Agreements is Essential, Appeals Court Holds

By PJ Kee on Posted in Non-Compete
A Louisiana appeals court in New Orleans recently overturned a trial court’s refusal to enforce a non-competition agreement. The appellate court’s decision instructs employers on the need to define the scope of their businesses for an enforceable agreement. Environmental Safety & Health Consulting Services, Inc. v. Fowler, 2019-CA-813 (La. 4 Cir. 3/11/20).… Continue Reading

Competing Views on Non-Compete Agreements: Changes May be Coming Across the Nation to Employers’ and Business Purchasers’ Ability to Limit Competition

By Michael Foley on Posted in Non-Compete
Employers often place limitations on their employees’ ability to compete following the termination of the employment relationship. The justification for restraints on trade is that employers have a protectable interest in their customer and vendor relationships, the goodwill associated with their brand, and their confidential information and trade secrets. Purchasers of businesses likewise often place … Continue Reading

Louisiana Appellate Court: Time Limit on Non-Compete Runs From Termination, Not Judgement.

By Jones Walker LLP on Posted in Non-Compete
An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement may not “exceed a period of two years from termination of employment.” La. R.S. 23:921(C). This rule was recently applied by the Louisiana … Continue Reading
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