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Non-Compete Agreements › Employment Contract › Compliance

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Morrison & Foerster LLP

Florida Doubles Down on Non-Competes and Florida CHOICE Act Becomes Law

Morrison & Foerster LLP on

As states across the country move to limit or ban non-compete agreements, Florida is taking a sharp turn in the opposite direction. Already a friendly jurisdiction for non-competes, the state is doubling down on employer...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Second Time’s a Charm? New York’s Latest Proposed Ban on Non-Competes

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Once again, the New York State legislature has initiated legislation that would ban nearly all employee non-competes. Introduced on February 10, 2025, Senate Bill S4641A seeks to prohibit non-compete agreements for health...more

Vedder Price

Pair of FTC Actions Underscore Continued Focus on Labor Issues

Vedder Price on

The FTC took two actions on February 26, 2025 to emphasize its continued focus on labor markets and to rededicate its efforts to a policy priority in common with those of the previous Administration. First, the FTC approved...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

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On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Polsinelli

NASAA Supports Reasonable Post-Term Non-Competes in Franchise Agreements

Polsinelli on

Last year saw non-compete agreements come under repeated scrutiny from the Federal Trade Commission. On April 23, 2024, the FTC issued a final rule banning non-compete agreements in most employment contracts....more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

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Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Mintz

Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more

Skadden, Arps, Slate, Meagher & Flom LLP

The DOJ and FTC Release New Guidance for Business Activities Affecting Workers

Skadden, Arps, Slate, Meagher & Flom LLP on

On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more

Foley & Lardner LLP

Noncompete Agreements: Updated Income Thresholds for 2025

Foley & Lardner LLP on

As our readers know, in 2024 the Federal Trade Commission’s (FTC) proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now. As we reported earlier this month, however, the...more

Hendershot Cowart P.C.

Checklist: Texas Employment Agreements for Out-of-State Employers

Hendershot Cowart P.C. on

Multistate employers with employees in Texas are subject to state laws regarding employment agreements. Whether your business is large or small, specific provisions within your agreements could render your agreements...more

Foley & Lardner LLP

Non-Competes: New Limits for Pennsylvania Health Care Practitioners

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Pennsylvania’s new law, the Fair Contracting for Health Care Practitioners Act (the Act) went into effect on January 1, 2025. This law restricts the ability of employers and health care practitioners to enter into non-compete...more

Orrick, Herrington & Sutcliffe LLP

Legal Ninja Snapshot: #Employment Contracts: Digital Employment Contracts in Germany – But When is a Wet Ink Signature Still...

Orrick, Herrington & Sutcliffe LLP on

Digital Employment Contracts Are Now Generally Allowed With the new year, the Fourth Bureaucracy Reduction Act ("BEG IV") brings more flexibility by replacing the need for written form and qualified electronic signatures with...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

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The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

Benesch

Trade Secrets/Non-Compete 2024 Year in Review

Benesch on

Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more

Burr & Forman

FTC Non-Compete Ban: Implications for the Health Care Industry

Burr & Forman on

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and...more

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

Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

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

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more

Fenwick & West LLP

Courts Wrestle over FTC's Noncompete Ban

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The Federal Trade Commission's controversial ban on noncompete agreements is getting competing receptions in federal court. A Pennsylvania federal district court recently ruled that the FTC acted within its authority in...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Wyrick Robbins Yates & Ponton LLP

The FTC Rule on Employee Non-Competes Goes into Effect September 4: What Employers Need to Do Now

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You may have heard or seen in the news that on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a Final Rule making most covenants not to compete between employers and their workers illegal and void (the...more

Fenwick & West LLP

Preparing for Compliance Crunch as FTC's Noncompete Ban Nears

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more

Baker Donelson

Employers Should Consider Alternative Protections to Address Lack of Clarity Around Non-Compete Rule

Baker Donelson on

The Federal Trade Commission's (FTC) impending Non-Compete Rule invalidating almost all non-compete agreements nationwide received new life after a recent federal decision in Pennsylvania district court. Employers and...more

NAVEX

What the FTC’s Non-Compete Ban Means for SMBs

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A final rule issued by the Federal Trade Commission (FTC) bans employers from entering into new non-compete agreements with all workers. If the FTC can overcome the legal hurdles it faces, the rule could have damaging...more

Goodwin

Federal Court Preliminarily Enjoins Enforcement of the FTC Non-Compete Rule, but Only for the Plaintiffs: What Are the...

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On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

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When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

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