A new episode of Fairly Competing is out. Join us for the key developments in trade secret and restrictive covenant law from 2025 and predictions for 2026.
The FTC’s workshop on noncompetes - “Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements” - has been rescheduled for January 27, 2026.
Our first-of-its-kind, regularly updated, 50-state noncompete survey chart has been updated once again.
The FTC will hold a noncompete workshop on October 8, 2025, featuring panels on worker impact, policy perspectives, and economic costs.
The Supreme Court will decide whether President Trump was able to fire FTC Commissioner Slaughter. The real issue isn’t the impact on the FTC’s policy, but rather, the scope of presidential power.
The FTC has started sending letters to companies that it believes may be overusing or abusing noncompetes and other restrictive covenants. Ignore the issue at your peril.
Former FTC Commissioner Rebecca Slaughter remains out, though only after dissenting on the FTC’s only two noncompete decisions so far.
The saga is over. The Noncompete Rule is dead. The FTC will be focusing abusive noncompete agreements. Employers should take action.
The FTC seeks public input on noncompetes, immediately following its first enforcement action. Now is the time to review your noncompetes.
The Ferguson-led FTC has launched its first noncompete enforcement action. More cases will follow. Now is the time to review your agreements.
Can an employer terminate garden leave clause payments? Is “I don’t remember” a viable defense to a noncompete? Are NDAs and nonsolicits an adequate substitute for a noncompete? And when will courts reform an overly broad restriction? A recent Superior Court decision provides guidance.
Biden’s 2021 noncompete executive order is revoked. What it means for the future of federal noncompete regulation.
On Friday, July 18, 2025, the FTC filed a status report and consented to motion to continue the stay of the appeal for another 60 days in the Properties of the Villages v. FTC appeal. Just as in th...
The FTC seeks more time in the Ryan v. FTC appeal given changes in the Commission’s workload and changing composition. What it means for the noncompete rule.
Florida’s new noncompete law has four-year durations, mandatory injunctions, and broad garden leave rules — testing public policy nationally.
Our first-of-its-kind, regularly updated, 50-state noncompete survey chart has again been updated for the latest legislative developments.
Restrictive covenant wage thresholds and criteria exist in 11 states and D.C. We've updated our chart to reflect the latest 2025 legislative developments.
A new Texas law expands restrictions on noncompetes for physicians, nurses, dentists, and physician assistants, adding buyout caps, geographic limits, and new exemptions.
The Supreme Court’s limits on universal injunctions put the FTC’s noncompete rule back in play. What does it mean for noncompetes?
Four senators reintroduce (again) a ban on employee noncompetes.
Updated June 29, 2025 to count Oregon’s law in the tally and remove Kansas’s law from the tally. With legislative sessions in or headed into recess in many states, it’s time for an update on...
The SJC has spoken: Forfeiture agreements are not covered by the Massachusetts noncompete statute
Because courts can invalidate or save overly broad restrictive covenants based on applicable state rules, drafting is an art, not a science. There are four state approaches employers need to know.
Virginia passes new low-wage noncompete exemption for anyone who is not exempt under the Fair Labor Standards Act.