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Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the majority of American workers to post-employment non-competition agreements (Final Rule).
While the Final Rule's enforcement is expected to be delayed and will likely never take effect, the Final Rule itself is a good reminder that non-compete agreements in the employee-employer context are under more scrutiny than ever and in some states, like California, Minnesota, North Dakota, and Oklahoma, are already banned as a matter of law.
Other states, such as Colorado, Washington, Oregon, and Illinois, only allow employers to bind highly compensated employees to traditional non-competition agreements. Even in states that are considered to be employer-friendly in the context of non-competition agreements, judges are carefully reviewing non-competition agreements to ensure that they are reasonable in their duration, scope, and geography and are no broader than necessary to protect the employer's legitimate business interests.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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