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.
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.
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.
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...