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The North Carolina Business Court recently issued a decision that serves as a sharp reminder that California’s hostility to restrictive covenants can reach well beyond its borders—and attempting to enforce a void restriction may itself create liability.

BioSkryb, a North Carolina–based biotechnology company, removed one of its co-founders and former executives, Jason West, in 2024. Shortly thereafter, and following his

Continue Reading Liability Knows No Borders: BioSkryb and The Extraterritorial Reach of California’s Section 16600.5.

As part of Seyfarth’s 2026 Trade Secrets Webinar Series, our panel presented FTC Non-Compete Ban Two Years Later: Enforcement & Workarounds, examining how the non-compete landscape continues to evolve following the FTC’s abandoned rulemaking effort and the growing influence of state law.

Jesse Coleman, Gary Friedman, and Eron Reid led a practical discussion for in-house counsel, HR

Continue Reading Key Takeaways and Access to Webinar Recording – FTC Non-Compete Enforcement Two Years Later: Enforcement & Workarounds

Thursday, May 28, 2026
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

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About the Program

Two years after the FTC’s landmark final rule on non-compete agreements, and more than a year after the rule was set aside by a federal court, employers

Continue Reading Webinar – FTC Non-Compete Ban Two Years Later: Enforcement & Workarounds

With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025. 

Below is a list of major legislative changes, judicial decisions, and agency actions at the state and federal level affecting non-compete agreements in

Continue Reading Restrictive Covenant Law For The First Four Months of 2025

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 FTC’s proposed ban on non-competes (the “Rule”) in the Ryan v. FTC and Properties of the Villages (“POV”) v. FTC cases, respectively. The nearly-identical

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

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 those rescinded were a pair of memos issued by recently ousted NLRB General Counsel Jennifer Abruzzo that declare non-compete agreements between employers and workers

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

On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No. 2:24-CV-01743-KBH (E.D. Pa. July 23, 2024). The dismissal ends the case before a decision on the merits, preventing the FTC from obtaining a favorable ruling

Continue Reading Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule

Yesterday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the plaintiff Properties of the Villages, Inc.’s (“POV”) motion to stay the effective date of the rule and preliminarily enjoin its enforcement.

Continue Reading More Bad News for the FTC: Federal Court in Florida Enjoins Enforcement of Non-Compete Ban

Yesterday, the Court in the ATS Tree Services v. FTC case denied Plaintiff ATS Tree’s Motion to Stay and Enjoin the FTC’s recent ban on non-compete agreements (the “Final Rule”), because, the Court held, ATS Tree failed to establish irreparable harm and a likelihood of success on the merits. This puts this court’s ruling in direct conflict with the July

Continue Reading Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should not pursue a particular job opportunity, or (3) telling the worker that the worker is subject to a non-compete.[1] The FTC asserts that these

Continue Reading The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance