In the final webinar for 2021, Seyfarth attorneys Dawn Mertineit, Eric Barton, and Joshua Salinas discussed new legislation and the enforcement of non-competes. Any company that seeks to use non-compete and non-solicitation agreements to protect its trade secrets, confidential information, client relationships, goodwill, or work forces needs to stay informed of the varied and ever-evolving standards in each state.

As a follow up to this webinar, our team wanted to highlight the below:

  • State laws are changing at a rapid rate, with dozens of bills introduced or pending this year. Multi-state employers in particular should stay abreast of changes in the law to make sure their agreements remain compliant and enforceable.
  • Federal legislation continues to be proposed to establish standardized rules for non-compete agreements, which if passed, would supersede a variety of state laws, but so far, no proposals have made it past committee. We continue to closely monitor potential developments.
  • The Great Resignation has created an unprecedented challenge to workforce retention and recruitment. Employers that utilize restrictive covenant agreements and intend to shift to more flexible work locations for employees should seek competent counsel regarding any ongoing or contemplated use of forum selection and/or choice of law provisions.

Stay up to date on non-compete laws with our recently updated 50 State Non-Compete Guide.