On 5 January 2023, the Federal Trade Commission voted 3-1 to propose a new rule that would significantly restrict the use of non-compete clauses between employers and employees. The FTC’s proposed rule represents the FTC’s first foray into Section 5 competition rulemaking under Chair Lina Khan. The proposed rule follows a set of enforcement actions taken by the FTC against non-compete covenants in certain employer contracts.

Companies are turning to artificial intelligence to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission in the US are closely examining AI for potential bias and other harms. In this Quick Chat video Paul Evans and Brad Newman welcome Stephen Malone of Fox Corporation to discuss blind spots in using AI in recruitment and hiring, and share to practical tips to help employers alleviate these issues. Join us to continue the discussion in-person at Baker McKenzie’s event, A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling, taking place 27 October in Palo Alto.

Through The Employer Report blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labor and Employment issues affecting US and multinational employers.

Across the world, trade secrets are becoming increasingly important. As companies align workforce transformation, manage supply chain operations and balance the needs of their digital transformation journey, new strategies are required for the identification, protection and enforcement of their most valuable, complex and market-differentiating trade secrets.
In this series of bite-sized videos, hear from Baker McKenzie’s global trade secrets team across disputes, intellectual property, data and technology and employment and compensation on best practices for a strategic, multidisciplinary approach to manage your trade secrets, disputes and risks.
Learn more about our Global Trade Secrets Group and uncover regional trends through the video below:
Best Practices for Maintaining Trade Secrets

Regulatory and enforcement agencies in the US are increasingly taking a closer look at AI and its potential for bias and other harms, but a new Baker McKenzie study has found many in the C-Suite are overconfident in assessing AI threats. Meanwhile, critical blind spots exist in HR and hiring tools oversight. Examine three key challenges and how to address them.

Cybersecurity threats and risks are increasing each day and companies are extremely cognizant of the critical issues involved – from making sure that company data complies with vigorous and ever-changing regulations, to dealing with cyber threats, breaches and ransomware attacks. In the Future of Disputes virtual program, former Manhattan District Attorney and Global Chair of Baker McKenzie’s Cybersecurity Practice, Cyrus Vance, Jr. led a discussion with Baker McKenzie practitioners in North America discussing the life cycle of a cyber-attack, including cyber insurance, privacy notification obligations, investigations, and post-event litigation.

With increased regulatory scrutiny and the emergence of employee activism, companies have experienced an elevated risk of trade secret disclosure from current or former employees acting as putative whistleblowers. In this episode, Aaron Goodman (Partner, Los Angeles) discussed key factors companies should consider in balancing their trade secret interests against the protections afforded to whistleblowers, with a focus on recent whistleblower laws across the globe.

Today’s remote working environment can lead to unexpected complications when employers seek to prevent the disclosure of trade secrets or enforce restrictive covenants. Stephen Ratcliffe (Partner, London) outlines some of the key trade secrets issues that arise in remote working scenarios and provides practical tips for avoiding common pitfalls.

Across the world, trade secrets are becoming increasingly important. As companies align workforce transformation, manage supply chain operations and balance the needs of their digital transformation journey, new strategies are required for the identification, protection and enforcement of their most valuable, complex and market-differentiating trade secrets.

In this series of bite-sized videos, hear from Baker McKenzie’s global trade secrets team across disputes, intellectual property, data & technology and employment & compensation on best practices for a strategic, multidisciplinary approach to manage your trade secrets, disputes and risks.
In this episode, Marina Hurtado-Cruz (Partner, Mexico City) explores key changes to Mexico’s new trade secrets law under new legislation, including an expanded scope of protection for eligible subject matter and enhanced enforcement mechanisms.