News & Analysis as of

Restrictive Covenants Non-Compete Agreements

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

Sheppard Mullin Richter & Hampton LLP

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

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

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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

Haynes Boone

Texas Noncompete Law for Physicians, Healthcare Workers Takes Effect September 2025

Haynes Boone on

As previously noted, a sweeping change to Texas noncompete law is coming Sept. 1, 2025, reshaping employment agreements for physicians and other healthcare practitioners. ...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

Ropes & Gray LLP

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

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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

Otten Johnson Robinson Neff + Ragonetti PC

Additional Restrictions on Colorado Non-Compete Agreements Take Effect on August 6, 2025

With the recent passage of Senate Bill 25-083, Colorado continues its trend of restricting the application of non-compete agreements in the state. The new law (i) adds certain prohibitions on when non-compete agreements can...more

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

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2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...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

Snell & Wilmer

Colorado Enacts New Limits on Restrictive Covenants

Snell & Wilmer on

Effective August 6, 2025, SB25-083 will void non-competition and non-solicitation of customer provisions entered into or renewed by doctors, nurses, midwives, and dentists on or after this effective date. Employers who...more

Bradley Arant Boult Cummings LLP

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

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

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

Husch Blackwell LLP

Colorado’s 2025 Legislative Session: Key Employment Law Changes and Compliance Updates for Employers

Husch Blackwell LLP on

The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more

Parker Poe Adams & Bernstein LLP

How to Address Applicants' Noncompetes During the Hiring Process

Imagine this: You are filling a senior level position. You review hundreds of resumes, conduct dozens of screening interviews, and coordinate final interviews of the top candidates. After selecting the company’s top choice,...more

A&O Shearman

Florida Choice Act bolsters enforceability of noncompete and garden leave agreements

A&O Shearman on

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

Shutts & Bowen LLP

Florida's Choice Act

Shutts & Bowen LLP on

With the passage of the Florida Contract Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “CHOICE Act”), which took effect on July 1, 2025, Florida has emerged as one of the most...more

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

Amundsen Davis LLC on

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

FordHarrison

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

FordHarrison on

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

Nelson Mullins Riley & Scarborough LLP

Florida Revamps Laws Governing Garden Leave and Noncompete Agreements

On July 3, 2025, the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” became effective in Florida. The CHOICE Act is a significant measure enacted to bolster legal...more

Arnall Golden Gregory LLP

Non-Compete Compliance in 2025: State Trends and Employer Strategies

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed...more

Venable LLP

More Red Tape on Colorado Noncompete and Nonsolicit Agreements

Venable LLP on

Colorado has taken another step toward narrowing the circumstances in which restrictive covenants—such as covenants not to compete and customer nonsolicits—may be used. Senate Bill 25-083, which takes effect August 6, 2025,...more

Fisher Phillips

New Texas Bill Expands Limitations on Non-Competes for Healthcare Employers: What You Can Do to Prepare

Fisher Phillips on

A new law in Texas will cause a seismic shift in the scope and enforceability of non-competes for healthcare professionals. SB1318, which takes effect on September 1, expands protections currently afforded only to physicians...more

Littler

Texas Makes Changes to Requirements for Health Care Provider Noncompetes and Limits Confidentiality Agreements Related to Sexual...

Littler on

Noncompete Agreement Changes for Physicians and Other Health Care Professionals - Texas has long had a special set of provisions for physicians in the state statute governing covenants not to compete (Tex. Bus. & Com. Code...more

Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

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