Non-Compete Enforceability

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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
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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
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On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among those rescinded were a pair of memos issued by recently ousted NLRB General Counsel Jennifer Abruzzo that declare non-compete agreements between employers and workers…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
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2025 Trade Secrets Webinar Series

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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 Battles
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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

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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
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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

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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
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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
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Tuesday, October 1, 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

For more information and to register, click here.

About the Program

In a world where corporate espionage and data breaches are increasingly common, protecting your company’s intellectual property is more vital…

Continue Reading Upcoming Webinar! Trade Secrets Audits: Strengthening Your Company’s IP Protection

By Michael Tamvakologos & Ian Neil SC

This post has been cross-posted from Seyfarth’s Workplace Law & Strategy blog, and discusses Australian law on non-competes.

It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase…

Continue Reading Why the negative impact of non-competes is overstated