Washington yesterday adopted a major shift in its approach to employee restrictive covenants. Engrossed Substitute House Bill 1155 (ESHB 1155), approved by the Legislature in March 2026 and signed by the Governor yesterday, eliminates the use of noncompetition agreements in employment and independent contractor relationships beginning June 30, 2027 in specified situations including notices to existing agreement holders by October

Continue Reading Governor Signs Washington’s New Noncompete Law: What Employers Should Know—and How to Prepare

Virginia’s Senate Bill 170 (2026 Session) introduces new limitations on the enforceability of restrictive covenants by protecting employees who are terminated without cause. More specifically, the proposed amendment will render any non-compete unenforceable against an employee who was discharged from employment unless severance benefits or other monetary payments are made to the employee. The law is silent as to what

Continue Reading Virginia Moves to Protect Laid Off Workers

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

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

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

2025 Trade Secrets Webinar Series

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Thursday, February 27, 2025
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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

Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants, presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET).

The Symposium offers a

Continue Reading Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024

With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and co-founders Roya Amini-Naieni and Maximilian Schommer (plaintiffs) ended on October 17, 2024, with the court enjoining Gandall and his new company from using Trilobio’s trade secrets.

Continue Reading Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

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