Brian Mead

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Brian 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.

Texas Court Issues Nationwide Injunction Striking Down FTC Noncompete Ban


By , , and on Sep 12, 2024
Posted In Employment, Labor

On August 20, 2024, the US District Court for the Northern District of Texas issued a nationwide injunction barring the Federal Trade Commission’s Final Rule that bans all noncompete agreements. Read more about the court’s decision and what it means for employers and business entities here.

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Pennsylvania Court Rejects Attempt to Block FTC Noncompete Ban


By , , and 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 , , and 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 , and 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 , and 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 , and 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 , , and 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 , , , , and 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 and 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 and 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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