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Katie M. Connolly News Archive

Newsroom image for the post Nilan Johnson Lewis Attorneys Recognized by Super Lawyers

Posted July 17, 2025 with Tags

Nilan Johnson Lewis Attorneys Recognized by Super Lawyers

We are pleased to announce that 22 attorneys at Nilan Johnson Lewis have been selected for inclusion in the upcoming Super Lawyers list. This recognition reflects their standing among their peers and their dedication to legal excellence. Super Lawyers is …

Newsroom image for the post Minnesota Again Considers Banning Non-Competes

Posted January 19, 2023 with Tags

Minnesota Again Considers Banning Non-Competes

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota legislature is considering two companion bills, HF295 and …

Newsroom image for the post Oregon Extends Vaccine Incentives, Hiring Bonuses

Posted June 6, 2022

Oregon Extends Vaccine Incentives, Hiring Bonuses

In early March 2022, the Oregon legislature sought to extend that exclusion until 180 days after Oregon’s Governor Kate Brown terminated the COVID-19 emergency declaration signed into law in 2020. Governor Brown signed the extension of the pay equity exclusion just two days shy of terminating the COVID-19 emergency declaration on March 17, 2022, which termination became effective on April 1, 2022.

Newsroom image for the post Roving Employees and How to Pay Them

Posted November 16, 2021 with Tags

Roving Employees and How to Pay Them

Employers in the not-to-distant past constructed pay scales based in part on the location of the employees. Employers routinely paid employees in New York City, San Francisco, and Los Angeles a premium. By 2021, however, the concept of a worksite has been exploded, and employees work virtually from across the country. This change has dramatic implications for employers analyzing whether to structure pay scales tailored to geographic locales.

Posted February 28, 2020

Minnesota to Ban All Non-Competes and Non-Solicits?

The Minnesota legislature is currently considering HF 3673, which purports to ban all non-compete agreements with all employees, and may also ban all customer non-solicit and non-disclosure agreements. The language of the bill—which currently has 30 co-sponsors—is confusing and internally contradictory, so its progress through the legislative process warrants close watching.

Posted December 6, 2019

ABA Opines on Lawyer Non-competes, But Does It Apply to In-House Counsel?

The American Bar Association just issued an opinion about what lawyers and law firms can and should do when lawyers move from one firm to another. A key point of the opinion is that, according to the ABA, “ethics rules do not allow non-competition clauses in partnership, member, shareholder, or employment agreements” among attorneys. Remember, though, that these rules may not be the ultimate authority in the in-house counsel context.

Posted January 18, 2019 with Tags , , , , ,

“Freedom to Compete Act” Aims to Wipe Out Most Non-Compete Agreements

In reaction to the recent proliferation of non-compete agreements, courts and legislatures are increasingly trying to find ways to limit their use. The latest attempt is at the federal congressional level. This week, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” aimed at prohibiting non-compete agreements for lower wage workers. The Act would amend the Fair Labor Standards Act to ban non-competes for most non-exempt workers.

Posted August 15, 2017 with Tags , ,

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract?

Newsroom image for the post The Changing “State” of Non-Compete Laws

Posted March 28, 2017

The Changing “State” of Non-Compete Laws

The days of the “company man” are seemingly over. Employees are changing jobs faster and more often, and that means their knowledge – and potential trade secrets – are leaving with them. In response, employers are using non-competes more and …

Posted May 13, 2016

Newly Enacted Defend Trade Secrets Act Gives Non-Compete Claims a Federal Forum

Unlike most intellectual property matters, which are protected by federal law, trade secrets have historically been the domain of states. However, new provisions to the Defend Trade Secrets Act (DTSA) – just signed into law May 11 by President Obama - signal an important change to this landscape. By providing a federal civil action to protect trade secrets, these new provisions, which take effect immediately, create significant new possibilities for the enforceability of employer/employee agreements.

Posted May 19, 2015

When Crafting a Non-Compete Agreement, Beware of Illusory Promises

Recent court cases might be signaling a new trend for how non-compete agreements are interpreted - one that looks at the sufficiency of the contract’s consideration, rather than its existence. Historically, the analysis of whether consideration exists is very simple: two parties exchange promises—what you see is what you get—and there is no doubt as to the existence of consideration.

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