For more than a decade, health care noncompete legislation largely focused on a familiar target: physician restrictive covenants.

That paradigm is rapidly disappearing.

Across the country, legislatures are no longer asking simply whether physician noncompetes should be enforceable. Instead, states are adopting increasingly diverse regulatory frameworks that address workforce mobility, market concentration, patient access, continuity of care, and the role…

Continue Reading A New Era of Health Care Noncompetes: Emerging Models and the Future of Labor Mobility

Dawn Mertineit, Marcus Mintz, and Michael Wexler, co-chairs of Seyfarth’s national Trade Secrets, Computer Fraud, and Non-Competes practice, are among the contributing authors to the Chambers Trade Secrets 2026 Global Practice Guide.

Mertineit, Mintz, and Wexler authored Chapter 13, “USA Trends and Developments,” examining the evolving US legal landscape governing restrictive covenants, trade secret protection, and employee…

Continue Reading Dawn Mertineit, Marcus Mintz, and Michael Wexler Author Chapter on US Trade Secrets Trends in Chambers Global Practice Guide

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Two years after the FTC’s landmark final rule on non-compete agreements, and more than a year after the rule was set aside by a federal court, employers…

Continue Reading Webinar – FTC Non-Compete Ban Two Years Later: Enforcement & Workarounds

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

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

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…

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

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

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

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”