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Restrictive Covenants › Contract Terms › Restraint of Trade

Husch Blackwell LLP

Kansas Passes New Employer-Friendly Legislation That Clarifies the Enforceability of Non-Solicitation Covenants

Husch Blackwell LLP on

On April 8, 2025, Kansas Governor Laura Kelly signed Senate Bill 241 (SB 241) into law, amending the Kansas Restraint of Trade Act (K.S.A. 50-163). Taking effect on July 1, 2025, this new employer-friendly legislation...more

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

New Kansas Law Will Presume Nonsolicitation Agreements Enforceable

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

Kansas Governor Laura Kelly recently signed a bill into law that deems certain nonsolicitation agreements with business owners and employees to be presumptively enforceable and not a restraint on trade. ...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

Holland & Knight LLP on

For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

Hogan Lovells

Restrictive covenants – more likely to be enforceable, but don’t forget competition law

Hogan Lovells on

A recent Supreme Court judgment has clarified one of the routes to challenging covenants limiting land use. It has adopted a new approach to assessing the old question of what is a “restraint of trade”? The judgment did not...more

Seyfarth Shaw LLP

Will we win? The odds of success in restraint of trade cases

Seyfarth Shaw LLP on

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more

Seyfarth Shaw LLP

Cyber Restraints Of Trade In The New Era Of Digital Markets

Seyfarth Shaw LLP on

An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when...more

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

Separating the Good From the Bad: UK Supreme Court Clarifies “Blue Pencil” Test in Restraint of Trade Cases

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

On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the...more

Seyfarth Shaw LLP

The Post-Employment Restraint As A Business Asset

Seyfarth Shaw LLP on

This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more

Shumaker, Loop & Kendrick, LLP

Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy

Shumaker, Loop & Kendrick, LLP on

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no...more

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