News & Analysis as of

Non-Compete Agreements

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Bass, Berry & Sims PLC

Oregon Enacts SB 951 Targeting MSO Influence and Healthcare Practitioner Noncompetes

Bass, Berry & Sims PLC on

Oregon’s Senate Bill 951 (SB 951) was signed into law by Governor Kotek on June 9. While several states have recently proposed additional restrictions to the prohibition on the corporate practice of medicine, this law imposes...more

Fox Rothschild LLP

Noncompete Agreements Once Again Under Attack in New Jersey

Fox Rothschild LLP on

A pair of bills were introduced in the New Jersey Legislature seeking to ban or significantly restrict employers’ ability to enter into and enforce noncompete agreements. The proposed legislation (S4385 and S4386) seeks to...more

McGuireWoods LLP

Oregon Enhances Restrictions on Corporate Practice of Medicine

McGuireWoods LLP on

On June 9, 2025, Oregon Senate Bill 951 (SB 951) was officially signed into law, significantly strengthening the state’s prohibition on the corporate practice of medicine. SB 951 restricts how professional medical practices...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

Whiteford on

Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Freeman Law

Is it Really Over? Contract Provisions that Survive Termination and Why.

Freeman Law on

Just like many relationships, not all parts of a contract become things of the past when they expire or terminate. One way to ensure that a contractual right or duty applies post-termination is to specify that will it...more

Blank Rome LLP

Oregon Opens New Front in Battle Over Corporate Practice of Medicine

Blank Rome LLP on

The Oregon Senate opened a new front in the battle over corporate control of medical decisions with the passage of Senate Bill 951, representing yet another jurisdiction to restrict corporate control of medical...more

Constangy, Brooks, Smith & Prophete, LLP

“Re-do” bill would fundamentally change New York non-compete law

Constangy, Brooks, Smith & Prophete, LLP on

Two years ago, a bill that would have effectively gutted New York non-compete law made it as far as the Governor’s desk where Gov. Kathy Hochul (D) vetoed it, much to the relief of the New York business community. However,...more

Seward & Kissel LLP

Employment Litigation Roundup: May 2025

Seward & Kissel LLP on

Fifth Circuit holds six-month delay in ADA accommodation request was unreasonable - The Fifth Circuit Court of Appeals in Strife v. Aldine Independent School District partially reversed the lower court’s dismissal of an...more

Jackson Lewis P.C.

NJ Bill Broadly Banning Non-Competes + No-Poach Agreements Would Impact Employers Immediately

Jackson Lewis P.C. on

The New Jersey Legislature is considering a bill (S4385/A5708) banning non-compete clauses, with limited exceptions, and prohibiting no-poach agreements between employers and workers. Appearing to take a page from the now...more

Farrell Fritz, P.C.

The Forfeited Equity Trap: Why Your Non-Compete Might Be Worthless

Farrell Fritz, P.C. on

Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them some equity in the form of incentive units.  You also want to prevent them from running off and...more

Fox Rothschild LLP

Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts

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Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed at a short(ish) judicial...more

Hendershot Cowart P.C.

Are Non-Compete Agreements Banned in Texas?

Hendershot Cowart P.C. on

Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more

Tucker Arensberg, P.C.

What Employers Need to Know About Pennsylvania’s Pending Cannabis, Equal Pay, and Non-Compete Legislation

Tucker Arensberg, P.C. on

As of May 2025, the Cannabis Health and Safety Act (House Bill 1200) is pending in the Senate awaiting revisions by the Law and Justice Committee. The act proposes a wide swath of “decriminalization” of the production, sale,...more

Akerman LLP - Health Law Rx

Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law

Akerman LLP - Health Law Rx on

The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete...more

Offit Kurman

Non-Compete Ban for Maryland Healthcare Professionals Set to Take Effect July 1, 2025

Offit Kurman on

Effective July 1, 2025, the second phase of Maryland’s restrictions on non-compete agreements and conflict of interest provisions for healthcare professionals will go into effect, targeting employers who provide direct...more

Spilman Thomas & Battle, PLLC

Is Your Business Ready for The CHOICE Act?

Spilman Thomas & Battle, PLLC on

What is the CHOICE Act?          On April 24, 2025, Florida state lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act or CHOICE Act. The CHOICE Act is a law reforming...more

Saiber LLC

New Jersey Legislature Introduces New Bill to Ban Non-Competes

Saiber LLC on

On May 19, 2025, the New Jersey Legislature proposed a bill (S 4385) that would ban and retroactively eliminate all non-compete agreements, with a few limited exceptions. ...more

Ius Laboris

A Big Swing and a Progressive Senate: What’s Next for Workplace Laws in Australia?

Ius Laboris on

Experts failed to predict the scale of the Albanese Government’s victory, securing re-election with a landslide. As counting concludes, this majority in the lower house will likely be complimented in the Senate. The...more

Jackson Lewis P.C.

Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

Jackson Lewis P.C. on

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more

Offit Kurman

Virginia Expands Non-Compete Restrictions for Employers

Offit Kurman on

Virginia Governor Glenn Youngkin has signed Senate Bill 1218 into law, amending the state’s non-compete statute. Effective July 1, 2025, the updated law will broaden restrictions on non-compete agreements in Virginia....more

FordHarrison

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

FordHarrison on

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses....more

Proskauer - Employee Benefits & Executive...

Tenth Circuit Affirms Distinction Between Forfeiture and Penalty for Competition

Proskauer - Employee Benefits & Executive... on

In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v....more

Troutman Pepper Locke

Restrictive Covenants Unenforceable Where Consideration Forfeited

Troutman Pepper Locke on

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the...more

Ice Miller

Ohio Legislature Introduces Bill to Ban Non-Competes in Employment Agreements

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Ohio Senate Bill 11 (SB11)—supported by members from both sides of the political spectrum—has been introduced in the Ohio Legislature, aiming to prohibit employment agreements that restrict employees from competing with their...more

ArentFox Schiff

Top 10 Labor, Employment, and OSHA Trends for 2025

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As we approach midyear, the ArentFox Schiff Labor, Employment & OSHA team highlights some of the most pressing legal issues facing employers this year, including artificial intelligence (AI) regulation at the state level,...more

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