Federal Non-Compete Legislation Update

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

We are pleased to share that Seyfarth attorney Josh Salinas authored the article, “Recent Developments in Employee Mobility, Restrictive Covenants and Trade Secrets 2025,” published on August 11, 2025, in the American Bar Association’s Business Law Today.

In the article, Josh examines key developments in employee mobility, trade secret protections, and restrictive covenant enforcement over the past year. He highlights

Continue Reading Seyfarth’s Josh Salinas Authors “Recent Developments in Employee Mobility, Restrictive Covenants and Trade Secrets 2025” in ABA Business Law Today

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”

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

Tuesday, December 17, 2024
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

Join us for the final installment of Seyfarth’s 2024 Trade Secrets Webinar Series, where our panel will provide practical guidance on navigating non-compete agreements, safeguarding trade secrets

Continue Reading Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her

Continue Reading The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v. FTC case setting aside the FTC Rule banning non-competes, and held (quoting Fifth Circuit precedent) that the ruling had “nationwide effect”

Continue Reading Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes