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 Agreements
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 Enforcement
Seyfarth Synopsis: Effective January 1, 2026, new California law prohibits stay-or-pay clauses in contracts of employment with limited exceptions.
Under new Section 16608 of the California Business and Professions Code, effective January 1, 2026, employers are prohibited from entering into an employment contract or other contract relating to the employment relationship that requires an employee to repay any amount
Continue Reading California Employment Contracts Must be Updated by January 1, 2026 for Stay-or-Pay Reforms
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.
Continue Reading Webinar Recap! Drafting Restrictive Covenants That Work – Insights from Recent Legal Battles
On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among those rescinded were a pair of memos issued by recently ousted NLRB General Counsel Jennifer Abruzzo that declare non-compete agreements between employers and workers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
On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Under this law, employment agreements can no longer include provisions that assign, or provide that an employee offer to assign, any
Continue Reading Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements
On this episode of Health Care Beat, host Chris DeMeo is joined by Kristine Argentine, partner in Seyfarth’s Chicago office and chair of the firm’s Commercial Consumer Class Action Defense group. Their discussion covers a string of recent cases involving the pursuit of employers across the health care industry (and others) for labor-related antitrust violations. Kristine also provides insight
Continue Reading Health Care Beat Podcast: Antitrust Enforcement of Employment Agreements
In the fourth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Matt Simmons, and Robyn Marsh discussed restrictive covenant agreements (“RCAs”), including non-competes, non-solicitations, and NDAs. Plus they discussed best practices and practical tips companies can implement regarding restrictive covenant agreements. View a recording of this webinar here.
As a follow up to this webinar, our team wanted to highlight:
Continue Reading Webinar Recap! Anatomy of a Restrictive Covenant
Seyfarth Synopsis: On Friday, August 9, 2019, Governor J. B. Pritzker signed a wide-ranging bill that, among other things, encompasses the Workplace Transparency Act. The Act, which will impact nearly every employer in Illinois: significantly restricts inclusion of non-disclosure and non-disparagement provisions in employment agreements, separation agreements, and settlement agreements; limits an employer’s ability to “unilaterally” require certain terms (including mandatory arbitration) as a condition of employment; creates annual training and disclosure requirements to the Illinois Department of Human Rights, and establishes new civil penalties for non-compliance. The new law includes additional requirements specific to restaurants, bars, hotels, and casinos. Those requirements take effect immediately, whereas the broader employment law changes take effect January 1, 2020.
Continue Reading Newly Enacted Workplace Transparency Act to Change Illinois Employment Law Landscape
By Robert Milligan and Joshua Salinas
Non-competition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to California’s general prohibition against non-competition agreements. A recent California Court of Appeal decision, however, further narrows this limited exception.
In Fillpoint v. Maas,
Continue Reading California Court Of Appeal Finds That Non-Competition Agreement Contained In Employment Agreement Is Unenforceable Against Former Seller/Employee Even Though It Was Executed In Connection With The Sale Of A Business