restrictive covenants

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To kick off the 2026 Trade Secrets Webinar Series, Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group presented 2025 Year in Review: Trade Secrets, Computer Fraud & Non-Competes, a timely discussion examining the most significant legal developments from 2025 and their implications for employers moving forward.

Seyfarth partners Michael Wexler, Dawn Mertineit, and Robyn Marsh provided a comprehensive…

Continue Reading Key Takeaways and Access to Webinar Recording – 2025 Year in Review: Trade Secrets, Computer Fraud & Non-Competes
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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
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  • Enforceability of non-compete and non-solicitation agreements
  • Statutory notice, timing, and wage threshold requirements
  • Judicial trends and
… Continue Reading Now Available! Seyfarth’s 2026 50-State Non-Compete Desktop Reference — Your Essential Guide
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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
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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
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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
Chambers

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
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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
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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
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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”