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Labor/Employment

Jun. 9, 2020

‘Can’t we just be like California?’ Another solution in search of a problem

While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department of Justice and the Federal Trade Commission begin to examine the effect of such covenants on the labor market.

Dawn Mertineit

Partner
Seyfarth Shaw LLP

Dawn regularly litigates trade secrets and restrictive covenants matters in state and federal courts throughout the country.

Robert B. Milligan

Partner
Seyfarth Shaw LLP

Email: rmilligan@seyfarth.com

UC Davis SOL King Hall; Davis CA

Robert is the co-chair of the Trade Secret, Computer Fraud and Non-Competes Practice Group and editor of the firm's Trading Secrets blog.

While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department of Justice and the Federal Trade Commission begin to examine the effect of such covenants on the labor market. The two groups, which are responsible for enforcing antitrust laws, held workshops in September 2019 and January 2020, respectively, with the FTC workshop billed as an attempt “to examine whether there is a sufficient legal basis and ...

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