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On September 5, 2025, the Federal Trade Commission (FTC) moved to dismiss its appeals in two pivotal cases— Ryan, LLC v. FTC, No. 24-10951 (5th Cir.) and Properties of the Villages v. FTC, No. 24-13102 (11th Cir.)—effectively walking away from its effort to enforce the Noncompete Rule, which attempted to ban most noncompete agreements nationwide.

As previously noted, the FTC had sought a 120-day stay of its appeals after district courts struck down the Noncompete Rule. Today’s move marks another sharp reversal under the agency’s new Republican-led leadership, distancing itself from the more aggressive regulatory stance of former Chair Lina Khan. It also echoes the June 28, 2024, dissent by current FTC Chair Andrew N. Ferguson and Commissioner Melissa Holyoak, and aligns with recent signals from the administration favoring targeted enforcement over sweeping rulemaking.

While the Noncompete Rule may be dead, the FTC is not done with noncompetes. Businesses should brace for focused crackdowns, joint task forces, and case-by-case scrutiny. In addition, the FTC has recently solicited additional public input “to better understand the scope, prevalence, and effects of employer noncompete agreements, as well as to gather information to inform possible future enforcement actions.”

The era of agency blanket bans may be over—but regulatory pressure is far from gone.
Continue Reading End of an Era: FTC Backs Away from Nationwide Noncompete Ban

In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers,[1] individual states have once again taken up the mantle of further regulating and limiting their use. These states’ new efforts have appeared with greatest frequency in the health care sector. 

In states where noncompete laws have recently changed, legislatures appear

Continue Reading Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

Key Takeaways

  • Texas imposes new limits on non-compete agreements with licensed physicians and health care professionals that takes effect September 1, 2025.
  • To be enforceable, non-competes with these individuals must now meet strict geographic and time limitations, have a buyout cap, and use clear contract language.
  • The law reflects a trend toward narrowing or prohibiting non-competes in health care.

On

Continue Reading Lone Star Limitations – Texas Further Narrows the Use of Non-Competes with Medical Professionals

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

As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in the statements of certain FTC Commissioners who vocally opposed the FTC’s nationwide ban on non-compete agreements. However, recent statements by the FTC’s newly-appointed Chair, Andrew Ferguson, along with the

Continue Reading FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’ Party”

2025 Trade Secrets Webinar Series

Tuesday, March 25, 2025
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

REGISTER HERE

About the Program

Artificial intelligence (“AI”) is transforming industries at lightning speed—but with innovation comes risk. As AI reshapes how businesses operate, protecting proprietary AI-related

Continue Reading Webinar: AI & Trade Secrets – Protecting Your Competitive Edge

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

Tuesday, January 28, 2025
12:00 p.m. to 1:00 p.m. Eastern
11:00 a.m. to 12:00 p.m. Central
10:00 a.m. to 11:00 a.m. Mountain
9:00 a.m. to 10:00 a.m. Pacific

Register Here

About the Program

Join Seyfarth partners Michael Wexler, Jesse Coleman, and Robyn Marsh for a concise analysis of 2024’s most critical legal developments. This webinar equips general counsel, employment counsel

Continue Reading Webinar: 2024 Trade Secrets & Non-Competes: Key Trends and Insights

In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics:

  1. 2024 Trade Secrets & Non-Competes Year in Review
  2. Navigating the Intersection of Non-Compete Agreements and Employee Mobility
  3. Employee Training Programs: Building a Culture of Confidentiality
  4. Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
  5. Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests
  6. Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
  7. Unveiling Trade Secrets Breaches: Leveraging Forensic Exams for Robust IP Protection
  8. Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution
  9. Trade Secrets Audits: Assessing and Strengthening Your Company’s IP Protection
  10. What Employers Need to Know Regarding Non-Compete Changes in 2024

To conclude our impactful 2024 webinar series, we’ve carefully compiled key takeaways from each session. If you missed any sessions, recordings are available on our blog or through the provided links. We’re excited to share that Continuing Legal Education (CLE) credit is attainable by watching the webinar recordings. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.Continue Reading 2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings