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On January 5, 2023, the Federal Trade Commission proposed a new rule that would prohibit employers from imposing non-compete agreements on their employees and independent contractors. A non-compete clause contractually prevents a worker from competing against an employer, usually within a specified geographic area and period of time after the work relationship with the employer…

In two recent cases, judges have struck down recently enacted California statutes requiring diversity for underrepresented communities and for women on the boards of directors of publicly held corporations based in California. Those statutes require that publicly held corporations with principal executive offices in California have a specified number of such directors—depending on the size…

On October 10, 2019, Governor Newsom signed into law AB 51, prohibiting employers from requiring, as a condition of employment, continued employment, or the receipt of any employment-related benefit, that any applicant for employment or employee waive “any right, forum, or procedure” for a violation of California’s Fair Employment and Housing Act or the Labor…

In Perry v. Floss Bar, Inc., 2021 U.S. Dist. LEXIS 43429, a district judge in the Southern District of New York denied a preliminary injunction request from Joshua Perry, who was domiciled in California and was the former President of Floss Bar—a Delaware corporation headquartered in New York—who sought to enjoin enforcement of a covenant…

Every offer and sale of securities in the United States must either be registered with the Securities and Exchange Commission (SEC), or exempt from registration under rules established by the SEC. Recognizing that the registration process is cumbersome and expensive, and that incentivizing employees through the offering of stock, options, and other equity-based awards is…