Brian Mead
Subscribe to Brian Mead's PostsBrian Mead is an employment litigator and transactional advisor. He leads McDermott’s Trade Secrets and Restrictive Covenants Subgroup. Clients call upon him for his substantial experience prosecuting and defending employee mobility, restrictive covenant and trade secret litigation cases across various industries including private equity, healthcare, professional services, technology and manufacturing. Read Brian Mead's full bio.
Pennsylvania Court Rejects Attempt to Block FTC Noncompete Ban
By P. Kevin Connelly, Brian Mead, Katharine O’Connor and Alex Grayson on Jul 25, 2024
Posted In Employment, Labor
On July 23, 2024, US District Court for the Eastern District of Pennsylvania declined to stay the September 4, 2024, effective date of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete agreements nationwide and renders existing noncompete agreements binding most workers unenforceable. This ruling comes 20 days after a federal court...
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FTC Final Noncompete Rule: Game Plan Checklist
By Andrew Liazos, Brian Mead, Heidi J. Steele and Aaron P. Sayers on Jul 16, 2024
Posted In Employee Benefits, Employment
With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to address any potential compliance concerns. Legal and human resources teams will need to consider the impact of the Final Rule on...
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Recording and Key Takeaways: FTC’s Final Noncompete Rule: Developing Your Game Plan
By Andrew Liazos, Brian Mead and Heidi J. Steele on Jul 9, 2024
Posted In Employee Benefits, Employment
During this recent webinar, McDermott Partners Andrew Liazos, Brian Mead and Heidi Steele discussed what employers should consider in the evolving landscape of noncompete agreements. With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers will...
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Washington State Further Restricts Noncompetition Agreements
By Brian Mead, Aaron P. Sayers and Henry A. Leaman on Jun 12, 2024
Posted In Employment, Labor
The state of Washington has placed additional restrictions on the use of noncompetition agreements. Readers may be familiar with the Federal Trade Commission’s latest noncompete rule, which goes into effect on September 4, 2024. While that federal regulation is currently being challenged in court, Washington’s rule has already gone into effect. Read more here.
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Key Takeaways From the FTC’s Final Noncompete Rule: What It Means and Next Steps for Employers
By Paul Hughes, Brian Mead and Katharine O’Connor on Jun 7, 2024
Posted In Employment
During a recent webinar, Paul Hughes, Brian Mead and Katharine O’Connor shed light on pressing questions about the Federal Trade Commission’s (FTC) rule preventing all employers from using noncompete clauses. They explained the impact of the Final Rule on current noncompete agreements, examined the legal issues around enforcing a noncompete ban and ensuing litigation, and outlined what employers...
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Revisiting Trade Secret Strategies Following the FTC Ban on Noncompete Agreements
By Amol Parikh, Brian Mead, A. Shane Nichols and Jodi Benassi on Jun 4, 2024
Posted In Employment
On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements nationwide with limited exceptions. The rule marks a pivotal moment for trade secret protection and enforcement strategies as it promises to reshape the relationship...
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FTC Issues Rule Banning Worker Noncompete Agreements
By Rachel B. Cowen, Brian Mead, Katharine O’Connor, Lisa Rumin, Stephen Wu and Alex Grayson on Apr 30, 2024
Posted In Employee Benefits, Employment, Executive Compensation, Labor
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule, slated for publication in the Federal Register, provides that employers’ use of noncompete agreements amounts to an “unfair method of competition” that runs afoul...
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Chicago Employees to Receive 10 Days of Paid Leave
By Melis Solaksubasi and Brian Mead on Dec 7, 2023
Posted In Employee Benefits, Employment, Labor
As of December 31, 2023, all employees physically working in Chicago for at least two hours in a two-week period will earn both one hour of paid leave and one hour of paid sick leave for every 35 hours worked, pursuant to an ordinance passed by the Chicago City Council on November 9, 2023. The new...
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Illinois Mandates Pay and Benefits Information for Job Postings
By Brian Mead and Barrick Bollman on Oct 12, 2023
Posted In Employment
Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take effect on January 1, 2025. Learn more here.
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New York Legislature Passes Noncompete Ban and Awaits Governor’s Signature
By Brian Mead on Jun 27, 2023
Posted In Employment
The New York State Legislature recently passed a bill that will prohibit employers from entering covenants not to compete with their employees and contractors. The bill specifically exempts nondisclosure and client nonsolicitation agreements, but it is silent on employee nonsolicitation agreements and sale of business restrictions. Read more here.
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