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FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) by a vote of 3-2 approved and issued its final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). The final rule is...more

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have...

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement using a...more

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

FTC Proposes Rule Banning Non-Competes

On January 5, 2023, the Federal Trade Commission published a proposed rule that, if it became final, would ban all non-compete agreements with limited exceptions. The rule would go into effect 60 days after it becomes final,...more

The Trend Continues: Illinois Imposes Additional Prerequisites and Restrictions on Employers’ Use of Restrictive Covenants

In the last 10 years, states across the country have passed measures imposing new requirements and restrictions on employers wishing to use non-compete agreements with their workforces. In 2016, Illinois enacted the Freedom...more

President Biden Seeks to Regulate (and Potentially Ban) Non-Competes

On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more

Federal Court Split on Consideration Needed to Enforce a Restrictive Covenant in Illinois Remains Unresolved

On July 14, 2015, the U.S. Court of Appeals for the Seventh Circuit decided Instant Technology, LLC v. DeFazio. The decision was widely expected to address the current split in the Northern District of Illinois on whether two...more

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