Restrictive Covenants

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

By Daniel Joshua Salinas on August 22, 2025

Posted in Employment Agreements, Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Intellectual Property, Non-Competes, Restrictive Covenants, State Non-Compete Legislation Update, Trade Secrets

1755881560-13272-6276-lxb_photob0pNcKAPDSglxb_photo- — Sasun Bughdaryan, Unsplash

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…

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…

Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

By Jesse M. Coleman & Reeves Gillis on June 30, 2025

Posted in Employment Agreements, FTC’s Crackdown on Non-Competes, Health Care, Non-Competes, Restrictive Covenants, State Non-Compete Legislation Update

In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers,[1] individual states have once again taken up the mantle of further regulating and limiting their use. These states’ new efforts have appeared with greatest frequency in the health care sector.

In states where noncompete laws have recently changed, legislatures appear…

Seyfarth’s Dawn Mertineit Authors “USA Trends and Developments” in Chambers Trade Secrets Global Practice Guide

By Dawn Mertineit on May 14, 2025

Posted in Defend Trade Secrets Act, Employee Non-Solicits, Non-Competes, Restrictive Covenants, Trade Secrets

We are pleased to share that Seyfarth partner Dawn Mertineit authored the “USA Trends and Developments” section in the recently released Chambers Trade Secrets Global Practice Guide. This highly regarded publication provides timely insights and analysis on the evolving legal landscape of trade secrets law across the globe.

Dawn addresses the growing challenges businesses face in protecting their trade…

Restrictive Covenant Law For The First Four Months of 2025

By Jesse M. Coleman, Eron Reid & Reeves Gillis on May 6, 2025

Posted in Employment Agreements, Federal Non-Compete Legislation Update, FTC’s Crackdown on Non-Competes, Health Care, Non-Competes, Restrictive Covenants, State Non-Compete Legislation Update

explore all that the world has to offer... — Morgan Lane, Unsplash

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…

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 Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’ Party”

By Jesse M. Coleman, Michael Wexler & Gio Perez on March 7, 2025

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

People signing documents for a wedding — Romain Dancre, Unsplash

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…

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…

Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

By Gary Friedman, Cat Johns & Katherine Perrelli on January 21, 2025

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

1737477885-13148-1048-lxb_photoj6n4rL_aSQklxb_photo- — cin ., Unsplash

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…

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