News & Analysis as of

Restrictive Covenants Enforcement

Dinsmore & Shohl LLP

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

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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

Jackson Lewis P.C.

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

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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

Ropes & Gray LLP

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

Ropes & Gray LLP on

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

A&O Shearman

Florida Choice Act bolsters enforceability of noncompete and garden leave agreements

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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

FordHarrison

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

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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

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau’s Final Guidance Discourages Property Controls

The Canadian Competition Bureau (Bureau) raised concerns in its 2023 market study of the grocery sector about the use of competitor property controls (i.e., terms in commercial leases or covenants that run with the land) to...more

Jenner & Block

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

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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

Shumaker, Loop & Kendrick, LLP

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

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

Bennett Jones LLP

The Competition Bureau Weighs in with Final Property Control Guidelines

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The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These...more

Lowndes

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

Lowndes on

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

Whiteford

Client Alert: Due Process or Due Trouble? Navigating the Legal Maze of Covenant Enforcement in Virginia Community Associations

Whiteford on

Community associations governed by the Virginia Condominium Act (VCA) and the Virginia Property Owners’ Association Act (POAA) are frequently called upon to enforce their association’s covenants, rules, and restrictions....more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Hendershot Cowart P.C.

Are Non-Compete Agreements Banned in Texas?

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

Ward and Smith, P.A.

How to Handle Pet Disputes in Community Associations

Ward and Smith, P.A. on

However, creating pet policies is only half the battle—consistent and proper enforcement is key to handling pet disputes.  Remember, service and emotional support animals are not pets, so keep in mind that the pet policy does...more

Mintz

Restrictive Covenants in Private Equity Transactions

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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

Proskauer - Law and the Workplace

Kansas Passes Pro-Employer Restrictive Covenant Legislation

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

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

Farrell Fritz, P.C. on

Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more

Foley & Lardner LLP

Complying With Recent Guidance From Delaware Courts Regarding Enforcement of Noncompetes

Foley & Lardner LLP on

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

Seward & Kissel LLP

Legal Trends in Middle Market M&A Deals

Seward & Kissel LLP on

As we close 2024, middle market M&A transactions, typically valued between $10 million and $500 million, have begun to show signs of finally rebounding from their peak in 2021.  As deal activity continues to ramp up, here are...more

Nutter McClennen & Fish LLP

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

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

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

Beltway Buzz - October 2024 #4

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

Kohrman Jackson & Krantz LLP

Court Ruling in Ohio Highlights Evolving Non-Compete and Non-Solicit Landscape

As the Federal Trade Commission’s Non-Compete Rule is appealed through the federal courts, a ruling from a court in Cleveland, Ohio, exemplifies how certain courts have recently approached non-compete and non-solicitation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fort Smith, Arkansas Facility: Arkansas Department of Energy and Environment - Division of Environmental Quality and Motors...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and ABB Motors & Mechanical Inc. (“ABB”) entered into an October 2nd Elective Site Cleanup Agreement (“ESCA”). See LIS No. 24-145. ...more

Farella Braun + Martel LLP

Non-Competes Still Vary by States

This case serves as a good reminder that non-competes are not dead in the U.S. Despite the publicity around the FTC's ban on non-competes (which has been enjoined by two district courts for now), states remain free to...more

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