On January 5, 2023, the United States Federal Trade Commission (“FTC”) issued a proposed rule that would greatly impact Israeli businesses with US-based employees, in the event such proposed rule becomes enforceable law. The proposed rule follows the US trend to increasingly limit the enforceability of post-employment non-competition agreements against employees based in the United States. GT attorneys are monitoring such laws, and provide some helpful tips for employers in this article.

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Photo of Meira Ferziger Meira Ferziger

With nearly 30 years of employment law experience, Meira Ferziger has provided legal counsel to hundreds of Israeli start-up companies hiring employees in the United States. Meira has accompanied such companies from their first step into the U.S. market, through the process of…

With nearly 30 years of employment law experience, Meira Ferziger has provided legal counsel to hundreds of Israeli start-up companies hiring employees in the United States. Meira has accompanied such companies from their first step into the U.S. market, through the process of remotely managing U.S. employees on a day-to-day basis in accordance with applicable laws, and she has provided invaluable professional and practical counsel to such clients during capital funding, merger & acquisition, and IPO stages.

Based in Greenberg Traurig’s Tel Aviv Office, Meira focuses on the individual needs of particular companies, preventative strategies and litigation avoidance. She guides clients through the development and implementation of employment policies and practices in light of applicable local, state, and federal laws, and advises clients as to minimizing the risk associated with terminating employees, including potential discrimination, unjust dismissal, and/or breach of contract claims. Meira also plays a central role in advising clients with respect to the employment aspects of corporate transactions, including the preparation and negotiation of employment and retention agreements for key employees in connection with such transactions.

Photo of Gregory S. Bombard Gregory S. Bombard

Gregory S. Bombard is a trial lawyer focusing on trade secret litigation, business torts, and other complex commercial disputes. Greg represents pharmaceutical, technology, and manufacturing companies in state and federal courts, as well as in arbitration proceedings throughout the United States. He regularly…

Gregory S. Bombard is a trial lawyer focusing on trade secret litigation, business torts, and other complex commercial disputes. Greg represents pharmaceutical, technology, and manufacturing companies in state and federal courts, as well as in arbitration proceedings throughout the United States. He regularly represents both plaintiffs and defendants in trade secret cases and related claims. Greg is a frequent writer and speaker on trade secret law and is the co-author of the book Protecting and Litigating Trade Secrets (2nd Ed.), published by the American Bar Association.

In addition to his trade secrets practice, Greg has deep experience defending consumer and business claims under the Unfair Trade Practice Acts of Massachusetts (Chapter 93A) and similar laws in other states. He has handled unfair trade practice litigation on behalf of banks, credit card processors, mortgage servicers, and other consumer finance companies.

Photo of Justin Victor Justin Victor

Justin K. Victor is a trial lawyer who has assisted clients in recovering over $100 million in complex civil litigation. Mr. Victor has also secured temporary restraining orders, preliminary injunctions and permanent injunctions in state and federal court for clients seeking to protect…

Justin K. Victor is a trial lawyer who has assisted clients in recovering over $100 million in complex civil litigation. Mr. Victor has also secured temporary restraining orders, preliminary injunctions and permanent injunctions in state and federal court for clients seeking to protect against the misappropriation of trade secrets and to enforce restrictive covenants.

Mr. Victor has successfully defended clients facing claims totaling over $300 million. For example, Mr. Victor defends employers in class and collective actions arising under the FLSA and related state wage and hour laws. Mr. Victor also defends executives and board members in derivative and direct actions arising under state and federal law.

In addition to an active litigation practice, Mr. Victor counsels employers of all sizes in the design and implementation of employment policies, practices, proactive audits, and workplace training.

Photo of Jacob Dean Jacob Dean

Jacob R. Dean is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. Jacob defends employers in litigation involving race, sex, color, disability, and age discrimination and retaliation claims. Representing companies in a wide range of industries, Jacob has…

Jacob R. Dean is a member of the Labor & Employment Practice in Greenberg Traurig’s Atlanta office. Jacob defends employers in litigation involving race, sex, color, disability, and age discrimination and retaliation claims. Representing companies in a wide range of industries, Jacob has appeared on behalf of employers in federal and state court, as well as before state boards and commissions. His experience includes wage-and-hour investigations and audits under the Fair Labor Standards Act (FLSA) and responding to subpoenas and requests for information from various state departments of labor.