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Biden Administration › Non-Compete Agreements › Proposed Legislation

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies [Updated on July 16, 2025]

Mintz on

After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Congress Works While Debt Limit Looms. As our country speeds toward defaulting on its debts on June 1, 2023, the White House and congressional leaders are still looking for an agreement to raise the debt ceiling. The Buzz...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2023 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Senate Committee Vets Biden’s Labor Pick. - On April 20, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions held a confirmation hearing on Acting Secretary of Labor Julie Su’s nomination to be...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Parker Poe Adams & Bernstein LLP on

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Proskauer - Law and the Workplace

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

Proskauer - Law and the Workplace on

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more

Polsinelli

More Signs of Trouble for Non-Compete Agreements

Polsinelli on

Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them.  This,...more

Spilman Thomas & Battle, PLLC

President Biden and the FTC Seek to Put the Final Nail in the Coffin for Non-Compete Agreements

Spilman Thomas & Battle, PLLC on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that...more

Foley & Lardner LLP

More D.C. Non-Compete Developments: Fasten Your Seatbelt

Foley & Lardner LLP on

We have written recently about state legislative proposals to significantly restrict employers’ use of non-compete agreements with employees and about court decisions that have limited the enforcement of non-competes. Many...more

Benesch

Restrictive Covenant and Trade Secret Year-End Review

Benesch on

2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more

Faegre Drinker Biddle & Reath LLP

Biden Proposes Nationwide Non-Compete Ban

Faegre Drinker Biddle & Reath LLP on

President-Elect Biden recently released his “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions.” His Plan states that “Biden will work with Congress to eliminate all non-compete agreements, except...more

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