Cooper Spinelli

Oct 3, 2024 | jdsupra.com | Cooper Spinelli

October 6, 2024 marks the two-year anniversary of Kodiak Building Partners, LLC v. Adams—the case in which the Delaware Chancery Court refused to enforce a sale-of-business non-compete against an executive who received $1 million for selling his stake in a construction company. Kodiak was soon followed by Intertek and Cantor Fitzgerald, two similar decisions that indicated Kodiak was not a one-off.

Oct 3, 2024 | lexology.com | Cooper Spinelli

October 6, 2024 marks the two-year anniversary of Kodiak Building Partners, LLC v. Adams—the case in which the Delaware Chancery Court refused to enforce a sale-of-business non-compete against an executive who received $1 million for selling his stake in a construction company. Kodiak was soon followed by Intertek and Cantor Fitzgerald, two similar decisions that indicated Kodiak was not a one-off.

Apr 17, 2024 | jdsupra.com | Cooper Spinelli |Eric Tate |Andrew Turnbull

As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission announced that it will hold a Special Open Commission Meeting on its Proposed Rule starting at 2 p.m. Eastern Time on April 23, 2024.

Mar 15, 2024 | jdsupra.com | Cooper Spinelli |Eric Tate |Caleb Woods

While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in the California employee-mobility space in the last 10 years.

Feb 27, 2024 | jdsupra.com | Cooper Spinelli |Eric Tate

Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley (“SOX”) whistleblower case, a SOX plaintiff does not have to prove retaliatory intent or animus to prevail.