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Non-Compete Agreements › Non-Solicitation Agreements › Contract Terms

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 -
Mayer Brown

Hong Kong: Restrictive Covenants

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Restrictive covenants with the sole aim of preventing competition will not be upheld by Hong Kong courts. In cases where there is a legitimate interest to be protected, restrictive covenants must be reasonable and not go...more

Mayer Brown

China: Restrictive Covenants

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AT A GLANCE - The only post-employment restrictive covenant explicitly stipulated under the People’s Republic of China’s (PRC) labour laws is the non-compete restrictive covenant. The employer and the employee may agree on...more

Benesch

The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

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The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Parker Poe Adams & Bernstein LLP on

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Littler

Global Non-Compete Reform – At a Glance Tracker: January 2024

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The US is not the only country currently debating a reform to the law on non-competes (see here in relation to federal law and New York). Notably, the UK Government has announced legislation that would limit the duration of...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Latham & Watkins LLP

New Minnesota Law Bans Most Post-Employment Non-Competes: 6 Key Takeaways

Latham & Watkins LLP on

Minnesota has enacted one of the strictest state non-compete laws in the US, banning almost all post-termination non-competes between employers and their employees and between employers and certain independent contractors...more

Littler

Will Europe Follow the Proposed U.S. Ban on Non-competes?

Littler on

The U.S. Federal Trade Commission (FTC) announced on January 5, 2023 a proposed ban on non-competes across the United States. With large global employers considering the implications of the proposed rulemaking, we reached out...more

Holland & Hart LLP

No More Non-Competes

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In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Whitman Legal Solutions, LLC

What Parties Need to Know About Non-Competition, Non-Solicitation, and Non-Circumvention Provisions

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Non-competition, non-circumvention, and non-competition provisions don’t only appear in employment contracts; they also are common in contracts for the sale of a business or real estate. This article is part of a series on...more

Tucker Arensberg, P.C.

Answers to Five FAQs About the FTC’s Proposed Non-Compete Ban

Tucker Arensberg, P.C. on

Q: What is the FTC, and why is my non-compete agreement any of its business? A: The FTC is short for the Federal Trade Commission, the agency responsible for regulating, among other things, unfair methods of competition...more

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

Ward and Smith, P.A. on

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Lowenstein Sandler LLP

Sign on the Dotted Line: Negotiating an Effective Employment Agreement

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James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing...more

Epstein Becker & Green

Reminder: Amendments to Colorado Noncompete Law Take Effect Today

Epstein Becker & Green on

As we have previously reported, the Colorado Assembly passed sweeping changes to the state’s noncompete law that, among other things, (1) set compensation floors for enforcement of both noncompetes ($101,250) and customer...more

FordHarrison

Non-Compete News: Federal Court in Georgia Finds Customer Contact Information May Be a Trade Secret, Interprets Customer and...

FordHarrison on

In Tanium v. Yago et al., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant...more

Benesch

Restrictive Covenant Update - Illinois moves forward while District of Columbia slows down

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Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more

FordHarrison

Non-Compete News: Illinois Legislature Changes the Game on Non-Compete Agreements

FordHarrison on

It’s no secret that Illinois courts have historically been less than friendly to restrictive covenants, and non-compete agreements in particular. On August 13, 2021, Governor JB Pritzker signed into law Public Act 102-0358,...more

Bradley Arant Boult Cummings LLP

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Mississippi

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The next state in our series exploring non-compete agreements is the Magnolia State, Mississippi. Unlike Texas and Louisiana, Mississippi’s noncompete laws are purely creatures of the common law. Mississippi has no statutory...more

Hogan Lovells

Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent...

Hogan Lovells on

In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with...more

Harris Beach PLLC

Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture

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For employers, non-compete agreements and other restrictive covenants, such as non-solicitation or non-disclosure agreements, can serve as a powerful tool to protect their business and defend their interests. However, these...more

Seyfarth Shaw LLP

Massachusetts’ High Court Pumps the Brakes on Equitable Tolling of Restrictive Covenant

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For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more

Stinson - Corporate & Securities Law Blog

FTC Challenges Long-Term Non-Competes in Connection with Merger

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The Federal Trade Commission has issued an administrative complaint challenging Axon Enterprise, Inc.’s consummated acquisition of its body-worn camera systems competitor VieVu, LLC from parent company from Safariland....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maryland Prohibits Noncompetes for Low-Wage Employees

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A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating...more

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