Non Competes and the California-zation of the United States
Harvard Business School alumni founder and venture capital mixer

Non Competes and the California-zation of the United States

California has long had rules against employee non compete agreements (with a notable exception for the sale of the goodwill of a business). As goes California, so goes the nation. Last January, the FTC proposed a ban on most employee non-competes and, recently, the chair of the NLRB stated that non-compete agreements may violate the National Labor Relations Act. Will non-competes become a thing of the past? We will watch this development carefully. For more info, see https://www.haynesboone.com/news/alerts/nlrb-non-compete-provisions

We are getting close to the date that we must comply with the Corporate Transparency Act, which will require federal reporting of beneficial ownership of US (and US registered) companies. This will be one more gotcha’ for entrepreneurs starting new companies. Fortunately, the reporting requirement is not difficult to comply with. You can read more about it at https://www.haynesboone.com/news/alerts/corporate-transparency-act-countdown-six-months-to-beneficial-ownership-reporting.

Past events

I hope you were able to join my webinar last month on Startup Law for the Alameda County Bar Association (https://www.acbanet.org/event/?backcaltype=g&month=6&yr=2023&eventid=17084). If not you can access the slides at https://www.slideshare.net/rroyse/startup-law-acbapptx.?Last month, John Advani was our guest at the Provisors M&A affinity group meeting. John spoke about qualified small business stock (QSBS). You can catch the recording at https://youtu.be/qfsqajjo8aw.

Also in June, Haynes and Boone hosted a mixer for alumni of the Harvard Business School founder and venture capital group in San Francisco. See the above photo from the event.

Upcoming events

We will once again be supporting the 2023 Commercial UAV Expo event, to be held September 5-7 LIVE in Las Vegas – www.expouav.com. Hope I see you there. I will also be joining a panel on late stage venture capital investing for the Santa Clara County Bar Association on October 25. www.sccba.com . More info later,

Jennifer Stowell

CEO @ ProVentures? | Board Advisor | Entrepreneur | Community Leader - Building Code Command | Responsible Innovation | Education Director, Virtual Learning Founder & Prof. Licensing Provider

1 年

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Branden Wolner, PhD

I Energize and Accelerate Development and Commercialization in Biotech and IVD ?? Board of Directors, Tree San Diego

1 年

This is a good thing. Restraint of trade is wrong. If you can be terminated at will then you should be able to work for a competitor.

Good info on non-competes, Roger. As you know, courts are also starting to treat non-solicits similarly when it comes to employees (as opposed to customers), because just as a non-compete affects the livelihood of the restricted employee, non-solicitation restrictions can affect the livelihood of the employer's other employees.

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