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Florida’s CHOICE Act, short for “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth” (CHOICE), is now law. For details of the Act, see Florida’s CHOICE Act Offers Employers Unprecedented Tools...more
In a departure from the legislative trends in certain states to curtail post-employment restraints, the state of Florida has bucked the tide to take the most employer friendly approach to restrictive covenants. On April 24,...more
Florida’s newly enacted Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act brings sweeping changes to the enforceability of noncompete and garden leave agreements across the state....more
Effective July 1, 2025, Florida's Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act (the CHOICE Act) now allows for non-competition periods of up to four (4) years after the end of...more
The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements....more
On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more
The New Jersey Legislature is considering a bill (S4385/A5708) banning non-compete clauses, with limited exceptions, and prohibiting no-poach agreements between employers and workers. Appearing to take a page from the now...more
Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more
On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation...more
On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1,...more
A June 8, 2014 New York Times article highlighted an increasing trend in the areas of antitrust, competition, and employment law: the enforcement of covenants not to compete. As noted in the article, businesses have...more