- Washington effectively banned all non-compete
Health Care Non-Compete Legislation Q1 2026 Update
Virginia Enacts New Restrictions on Non-Compete Agreements
On March 5, 2026, we previously advised that Virginia’s Senate Bill 170 introduces new limitations on the enforceability of restrictive covenants by protecting employees who are terminated without cause. Effective April 13, 2026, that bill became law.
What Virginia Employers Need to Know
Non-competes entered into after July 1, 2026, will become unenforceable if the employer terminates the employee’s employment
Continue Reading Virginia Enacts New Restrictions on Non-Compete AgreementsLet’s Start at the Very Beginning: Delaware Supreme Court Reaffirms That Consideration for Restrictive Covenants Is Measured at Contract Formation, Not Time of Enforcement
On February 3, 2026, the Delaware Supreme Court issued a short but highly anticipated order in North American Fire Ultimate Holdings, LP v. Doorly, reversing the Chancery Court’s dismissal of contract claims seeking to enforce restrictive covenants against a former senior executive. The decision clarifies that the existence of consideration supporting restrictive covenants must be evaluated at the time
Continue Reading Let’s Start at the Very Beginning: Delaware Supreme Court Reaffirms That Consideration for Restrictive Covenants Is Measured at Contract Formation, Not Time of EnforcementNow Available! Seyfarth’s 2026 50-State Non-Compete Desktop Reference — Your Essential Guide
- Enforceability of non-compete and non-solicitation agreements
- Statutory notice, timing, and wage threshold requirements
- Judicial trends and
Lone Star Limitations – Texas Further Narrows the Use of Non-Competes with Medical Professionals
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 ProfessionalsFTC Requests Stay of Appeals to Challenges to FTC Non-Compete Rule Citing New Administration
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 AdministrationActing NLRB General Counsel Rescinds Biden-Era Policy Guidance on Non-Compete Agreements
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 AgreementsWebinar: Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles
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
Continue Reading Webinar: Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
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:
- 2024 Trade Secrets & Non-Competes Year in Review
- Navigating the Intersection of Non-Compete Agreements and Employee Mobility
- Employee Training Programs: Building a Culture of Confidentiality
- Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
- Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests
- Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
- Unveiling Trade Secrets Breaches: Leveraging Forensic Exams for Robust IP Protection
- Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution
- Trade Secrets Audits: Assessing and Strengthening Your Company’s IP Protection
- 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 RecordingsFTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive
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