Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete.
This article originally appeared in the August...more
8/27/2025
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Provisions ,
Asset Purchase Agreements ,
Contract Terms ,
Dentists ,
Employment Contract ,
Healthcare ,
Mergers ,
Non-Compete Agreements ,
Purchase Agreement ,
Restrictive Covenants ,
Selling a Business
Question: Last year we heard that the Federal Trade Commission was going to ban covenants not to compete. It was a big deal at the time. Nothing has been said about this in months. Is this still going to happen? If so,...more
7/25/2025
/ Antitrust Provisions ,
Appeals ,
Employee Rights ,
Employment Contract ,
Employment Policies ,
Enforcement ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Non-Compete Agreements ,
Regulatory Reform ,
Trump Administration
The legal arguments advanced in these court cases mainly concern whether the FTC has the statutory authority to enact such a ban. Shortly before the September 4, 2024 effective date of FTC’s ban on covenants not to compete,...more
10/30/2024
/ Appeals ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Court Litigation ,
Federal Trade Commission (FTC) ,
Florida ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
Question: Are covenants not to compete and liquidated damages provisions in employment agreements still enforceable? I have seen news reports about the Federal Trade Commission and National Labor Relations Board being...more
Question: I’m reading media accounts that the FTC is about to ban all covenants not to compete. When will this happen? Will the covenant not to compete in my employment agreement that I signed two years ago be banned? Will...more