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
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
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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
The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just senior-level executives or more highly compensated employees. These clauses require employees to forfeit certain benefits—such as stock options or severance pay—if they leave their employer and subsequently work for a competitor. Unlike
Continue Reading Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative
Tuesday, January 28, 2025
12:00 p.m. to 1:00 p.m. Eastern
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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:
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
On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees.
Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint
Continue Reading FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive
Jimmy Buffett once eloquently said that “without geography, you’re nowhere.” But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out, we now have some much-needed clarity from the Georgia Supreme Court.
For many years, most Georgia litigants, individuals, and businesses operated under the assumption that some restrictive
Continue Reading Georgia Supreme Court Reverses Lower Court Rulings and Holds Non-Recruitment Provisions do not Need to Contain Explicit Geographic Limitations
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