Legislation

Florida Becomes Most Employer-Friendly State for Non-Competes

By Bob Stevens on July 9, 2025

Posted in Employment Agreements, Legislation, Non-Competes, Practice & Procedure, Restrictive Covenants, State Non-Compete Legislation Update

I took this picture when I went to Ultra Music Festival, Miami in 2019 — Denys Kostyuchenko, Unsplash

As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach. The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (“the Act”) effective as of July 1, 2025 permits employers to use non-compete and garden leave restrictions up to 4 years in length with qualifying “covered employees,” along…

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

By Jesse M. Coleman & Reeves Gillis on June 22, 2025

Posted in Health Care, Legislation, Non-Compete Enforceability

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…

Webinar Recap! Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles

By Dawn Mertineit & Dallin Wilson on March 17, 2025

Posted in Employee Non-Solicits, Legislation, litigation, Non-Competes, Restrictive Covenants, Trade Secrets

1742249833-13190-8877-lxb_photoGJao3ZTX9gUlxb_photo- — Cytonn Photography, Unsplash

In our recent webinar, “Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles,” Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete partners Dawn Mertineit and Dallin Wilson explored the evolving legal landscape surrounding restrictive covenants. As courts and lawmakers continue to scrutinize non-competes, non-solicits, and NDAs, employers must adapt their agreements to remain enforceable while protecting critical business interests.

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

By Jesse M. Coleman & Eron Reid on March 11, 2025

Posted in Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Legislation, litigation, Non-Compete Enforceability, Non-Competes

1741707807-13184-5506-lxb_photobAQH53VquTclxb_photo- — Sebastian Pichler, Unsplash

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…

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

By Jesse M. Coleman & Eron Reid on February 26, 2025

Posted in FTC’s Crackdown on Non-Competes, Legislation, Non-Compete Enforceability, Non-Competes, Restrictive Covenants

1740599816-13162-4284-lxb_photoVqg809B-SrElxb_photo- — Jackson Simmer, Unsplash

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…

Webinar: Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles

By Dawn Mertineit & Dallin Wilson on February 12, 2025

Posted in Employee Non-Solicits, Legislation, litigation, Non-Compete Enforceability, Non-Competes, Restrictive Covenants, Trade Secrets

Shanghai interchange — Denys Nevozhai, Unsplash

2025 Trade Secrets Webinar Series

Thursday, February 27, 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

About the Program

Restrictive covenants continue to face evolving legal challenges and heightened regulatory scrutiny. With shifting state and federal laws, businesses must carefully craft…

FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

By Robyn Marsh & Dawn Mertineit on December 20, 2024

Posted in Employment Agreements, FTC’s Crackdown on Non-Competes, Legislation, Non-Compete Enforceability, Non-Competes, Restrictive Covenants, Unfair Competition

A wooden gavel on a white marble backdrop. — Tingey Injury Law Firm, Unsplash

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…

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

By Katherine Perrelli, Justin K. Beyer, Jesse M. Coleman & Daniel Joshua Salinas on November 22, 2024

Posted in Federal Non-Compete Legislation Update, Legislation, Non-Compete Enforceability, Non-Competes, State Non-Compete Legislation Update, Trade Secrets

Brainstorming over paper — Scott Graham, Unsplash

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…

Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024

By Katherine Perrelli on November 18, 2024

Posted in Cybersecurity, Intellectual Property, Legislation, Non-Competes, Restrictive Covenants, Securities Litigation, Trade Secrets

Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants, presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET).

The Symposium offers a…

FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive Covenants

By Robyn Marsh & Dawn Mertineit on November 12, 2024

Posted in Employee Non-Solicits, FTC’s Crackdown on Non-Competes, Legislation, Non-Competes, Restrictive Covenants

1731436234-13080-7566-lxb_photoNzIV4vOBA7slxb_photo- — Rock Staar, Unsplash

As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C. 18a, which also includes a requirement for buyers to indicate the existence of non-compete and non-solicit agreements among the businesses involved. The HSR Act and the associated…

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