Non-compete agreements continue to be one of the most misunderstood areas of employment law for business owners. Recent headlines about federal regulation led many employers to believe non-competes were banned nationwide. In reality, the situation is more nuanced. While federal regulators have attempted sweeping changes, Illinois law still primarily governs when…
Many business owners heard headlines saying the Federal Trade Commission “banned non-competes” and assumed restrictive covenants were essentially over. That is not what ultimately happened. While the FTC attempted to implement a sweeping nationwide ban, that rule never took effect. Courts blocked it, the appeals process ended, and the agency…
The Federal Trade Commission (FTC) tried to ban non-compete agreements across the country. That sweeping ban is now effectively dead. A federal judge struck it down, and the FTC recently gave up its appeals. But that doesn’t mean employers are free to use non-competes however they like. The FTC has…
Several new employment laws go into effect in September and will affect employers in every state. Independent Contractors rules: The US Department of Labor adopted a six-factor test in January for classifying independent contractors under the Fair Labor Standards Act. This replaces the previous two-factor approach. The result is more…
Many employers rely on confidentiality agreements to protect sensitive business information. But not all confidentiality provisions are created equal, and if your agreement isn’t drafted properly, it may not hold up in court. While courts tend to scrutinize non-compete clauses, confidentiality provisions are usually enforceable, provided certain legal requirements are…
Conditional Gifts? A recent decision by the Massachusetts Supreme Judicial Court has sparked interest across legal circles. In a case centered around a $70,000 engagement ring, the court ruled that an engagement ring must be returned to the purchaser if the marriage does not take place, regardless of who may…
Neural Data: What Illinois Business Owners Need to Know California enacted an Amendment to the California Consumer Privacy Act (CCPA) that adds neural data to the list of protected personal sensitive information. For Illinois business owners—especially those conducting business in California or utilizing neurotechnology—this development is worth understanding, as it…
Insurance Coverage for BIPA violations. Businesses across Illinois are facing serious challenges in securing insurance coverage for lawsuits brought under the Biometric Information Privacy Act (BIPA). And a recent decision by the federal court in Chicago – Westfield Insurance Company v. UCAL Systems, Inc. – dealt yet another blow to…
Non-Competes Now a Nonstarter This is really big news! Businesses that have entered into non-compete agreements with current or recently departed employees will need to come up with other ways of achieving the investment-protecting goals those non-competes were designed to accomplish. That’s because the Federal Trade Commission has issued a…
Aret Smart Contracts Smart? Imagine if the paper on which your business’ contracts are written could somehow come to life and automatically send payments to your collectors—and receive payments from your debtors—at the appropriate times, as different provisions of said contract are triggered. That’s more or less how electronic smart…