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

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

Continue Reading Florida Becomes Most Employer-Friendly State for Non-Competes

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

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

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

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

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

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

We’re thrilled to release the updated 50-State Non-Compete Desktop Reference—a trusted resource for navigating the complexities of non-compete and trade secrets law across the United States.

Highlights of the 2024-2025 Edition

The updated 50-State Non-Compete Desktop Reference provides a detailed, state-by-state analysis of the evolving legal landscape governing non-competes, non-solicitation agreements, and trade secret protections.

This edition answers key questions

Continue Reading Now Available! Seyfarth’s 2024-2025 50-State Non-Compete Desktop Reference—Your Must-Have Guide

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