News & Analysis as of August 10, 2025

Non-Compete Agreements › Enforcement

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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 -

It’s Official: Florida is the Most Business Friendly State in the Country When it Comes to Non-Compete/Non-Solicitation...

Dinsmore & Shohl LLP on 8/5/2025

Bucking the national trend to diminish, if not eliminate, noncompete agreements, led in part by the Biden administration’s efforts to outlaw them via Federal Trade Commission regulation, Florida says “COME ONE, COME ALL -- Do...more

Florida’s CHOICE Act Enacted: Helping Employers Read Between the Lines of the New Non-Compete Law

Jackson Lewis P.C. on 8/5/2025

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

[Podcast] Navigating Non-Competes and Other Exclusivity Provisions in Collaboration & License Agreements and Other Strategic...

Ropes & Gray LLP on 8/4/2025

On this Ropes & Gray podcast, licensing and collaboration partner Hannah England and antitrust partner Lisa Kaltenbrunner discuss how EU antitrust rules impact non-competes and other exclusivity provisions in collaboration...more

Florida Choice Act bolsters enforceability of noncompete and garden leave agreements

A&O Shearman on 7/25/2025

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

What Ever Happened to the Ban on Covenants Not to Compete?

Kerr Russell on 7/25/2025

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, when? ...more

Florida’s CHOICE Act Reshapes the Noncompete Landscape: What InHouse Counsel Need to Know

FordHarrison on 7/24/2025

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

Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

Jenner & Block on 7/15/2025

While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted...more

Client Alert: Significant Employer-Friendly Changes to Florida Non-Competition Law Effective July 1

Shumaker, Loop & Kendrick, LLP on 7/8/2025

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

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

Lowndes on 6/27/2025

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

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

Hahn Loeser & Parks LLP on 6/27/2025

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

NJ Bill Broadly Banning Non-Competes + No-Poach Agreements Would Impact Employers Immediately

Jackson Lewis P.C. on 6/4/2025

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

Are Non-Compete Agreements Banned in Texas?

Hendershot Cowart P.C. on 6/2/2025

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

Restrictive Covenants in Private Equity Transactions

Mintz on 5/15/2025

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Kansas Passes Pro-Employer Restrictive Covenant Legislation

Proskauer - Law and the Workplace on 5/2/2025

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

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

BakerHostetler on 4/21/2025

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on 3/14/2025

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Private Company Report: Fourth Quarter 2024

Paul Hastings LLP on 1/22/2025

This edition of the Private Company Report highlights critical updates and regulatory changes affecting private companies, including a temporary stay on the enforcement of the new beneficial ownership reporting requirements...more

2024 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on 1/16/2025

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Key Employment Law Issues Employers Need to Watch in 2025

Ward and Smith, P.A. on 1/15/2025

As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, heightened...more

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

Foley & Lardner LLP on 1/14/2025

In line with the national trend making noncompetes more difficult to enforce, a number of Delaware courts have recently refused to “blue pencil” overbroad noncompetition agreements and have stricken them in their entirety. As...more

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

Nutter McClennen & Fish LLP on 10/28/2024

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

Beltway Buzz - October 2024 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/28/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

FTC Appeals Texas Federal Court’s Decision Halting Its Noncompete Ban Nationally

Proskauer - Law and the Workplace on 10/23/2024

On October 18, 2024, the Federal Trade Commission (“FTC”) gave notice that it would appeal a Texas federal court’s decision halting its non-compete rule (the “Rule”) from taking effect as to all employers nationwide. The...more

NLRB General Counsel Announces Intention to Pursue Expansive Remedies for Non-Compete Agreements and to Target So-Called “Stay or...

King & Spalding on 10/21/2024

On October 7, 2024, National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, where she argues for expansive remedies for employers who violate the National Labor Relations Act...more

Recent District of Arizona Opinion Holds Two Non-Compete Agreements Are Unenforceable

Perkins Coie on 10/18/2024

A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more

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Non-Compete Agreements › Enforcement

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