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Non-Compete Agreements › Enforcement Actions › Restrictive Covenants

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 -
Sheppard Mullin Richter & Hampton LLP

Breaking Up Is Hard to Do: Florida’s New Non-Compete Law Shakes Up the Sunshine State

Sheppard Mullin Richter & Hampton LLP on

The Sunshine State just got brighter for Florida employers seeking to enforce non-compete agreements. On April 24, 2025, the Florida legislature passed the Contracts Honoring Opportunity, Investment, Confidentiality, and...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Foley & Lardner LLP

As the Great New Jersey Denizen Yogi Berra Observed, “It’s Déjà Vu All Over Again”: Noncompete Clauses Are Under Fire in New...

Foley & Lardner LLP on

The New Jersey legislature is taking another crack at imposing significant limitations on noncompete agreements. Its first effort in this regard, a 2022 Assembly Bill which proposed mandatory notice periods, the statutory...more

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

Fennemore on

This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Bradley Arant Boult Cummings LLP

New Healthcare Practitioner Non-Compete Provisions Effective September 1, 2025

Bradley Arant Boult Cummings LLP on

On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician...more

Stevens & Lee

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

Stevens & Lee on

A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more

Jenner & Block

Delaware Court Refuses to Enforce or Modify Overbroad Noncompete in Cleveland Integrity Services v. Byers

Jenner & Block on

In Cleveland Integrity Services, LLC v. Byers (Del. Ch. Feb. 28, 2025), the Delaware Court of Chancery declined to enforce a two-year non-compete agreement that it found to be geographically overbroad and refused to narrow or...more

Cooley LLP

US Noncompete Landscape Recent Developments and Trends

Cooley LLP on

Following the Federal Trade Commission’s largely unsuccessful attempt to implement a nationwide ban on most post-employment noncompete agreements last year, states have stepped in to fill the legislative gap. The result has...more

Foley & Lardner LLP

Federal Court Enjoins Former Franchisees and Two Related Entities from Competing Against Franchisor

Foley & Lardner LLP on

A federal court recently granted in part and denied in part a franchisor’s motion to enjoin the post-termination activities of its former franchisees and two related entities. Rooterman, LLC is a plumbing services franchisor....more

PilieroMazza PLLC

[Webinar] Multijurisdictional Employers, Part 2: 2025 State-by-State Updates on Non-Compete and Non-Solicitation Agreements - July...

PilieroMazza PLLC on

As the legal landscape around restrictive covenants continues to evolve, staying ahead of changes in non-compete and non-solicitation laws is critical for employers, their HR professionals, and in-house counsel. Don’t miss...more

Jackson Lewis P.C.

Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

Jackson Lewis P.C. on

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more

BakerHostetler

The CHOICE Act: A New Era for Noncompete Agreements in Florida

BakerHostetler on

As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements....more

FordHarrison

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

FordHarrison on

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the...more

Foley & Lardner LLP

One Year Later, FTC’s Noncompete Ban Remains on Life Support, as FTC Mulls Pulling the Plug

Foley & Lardner LLP on

As readers of this blog will recall, last April, the Federal Trade Commission (FTC) voted along party lines to finalize a rule (the Noncompete Ban) that would have banned the vast majority of employee noncompete agreements...more

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

Morrison & Foerster LLP on

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

Seyfarth Shaw LLP

FTC Requests Stay of Appeals to Challenges to FTC Non-Compete Rule Citing New Administration

Seyfarth Shaw LLP on

On March 7, 2025, lawyers for the Federal Trade Commission (FTC) filed motions requesting a 120-day stay of the agency’s appeal of district court decisions in the Fifth Circuit and Eleventh Circuit, which had blocked the...more

Stevens & Lee

New Labor Task Force to Investigate and Prosecute Unfair and Anticompetitive Labor Market Conduct

Stevens & Lee on

On Feb. 26, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a “Directive Regarding Labor Markets Task Force” pursuant to which a Joint Labor Task Force is being organized consisting of the Directors of the...more

Harris Beach Murtha PLLC

Federal Trade Commission Forms Task Force to Address Labor Market Conduct

Harris Beach Murtha PLLC on

On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more

Kilpatrick

FTC Launches First Ever “Joint Labor Task Force” Prioritizing Deceptive, Unfair, and Anticompetitive Labor Market Practices

Kilpatrick on

On February 26, 2025, the Federal Trade Commission (“FTC”) announced the launch of a Joint Labor Task Force (“Task Force”) aimed at “rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices...more

Polsinelli

2024 Recap of Franchise Developments and 2025 Trends to Watch

Polsinelli on

There were a number of important and potentially impactful developments in 2024 that we predict will continuing developing and trending in 2025. Some of these topics are also discussed in other articles in this annual update....more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Seyfarth Shaw LLP

Acting NLRB General Counsel Rescinds Biden-Era Policy Guidance on Non-Compete Agreements

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On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among...more

Ballard Spahr LLP

Delaware Supreme Court Broadens Utility of Noncompete Enforcement Tool

Ballard Spahr LLP on

In a recent en banc decision, Delaware’s Supreme Court upheld a key tool available to employers to enforce forfeiture-for-competition provisions against former employees. Delaware’s Chancery Court has shown an increasing...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

Pillsbury Winthrop Shaw Pittman LLP on

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

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