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Non-Compete Agreements › Pre-Employment 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 -
Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

Proskauer - Labor Relations Update on

As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

Seyfarth Shaw LLP

Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)

Seyfarth Shaw LLP on

On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive...more

Patterson Belknap Webb & Tyler LLP

Key Employment Issues for Founders

Patterson Belknap Webb & Tyler LLP on

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry

ArentFox Schiff on

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers. The Rule will have practical implications on worker...more

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Cranfill Sumner LLP

Common but Tricky Employee-Focused Issues in Written Employment Agreements

Cranfill Sumner LLP on

Not every employee is asked to sign a written employment agreement. Most, in fact, are not. But for the (relative) few who will sign a written agreement of employment, here is a look at three tricky and often overlooked...more

Dechert LLP

Navigating the Shift: The Future of Non-Compete Clauses

Dechert LLP on

At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more

Davis Wright Tremaine LLP

Three Investigations Show D.C. AG Is Aggressively Enforcing Ban on Noncompetes

Davis Wright Tremaine LLP on

Employers in the District of Columbia that use noncompete agreements take note: the D.C. Office of the Attorney General ("OAG") is aggressively using its powers to crack down and assess penalties on businesses that violate...more

Seyfarth Shaw LLP

Rival Boston Cider Companies Enter Trade Secret Dispute

Seyfarth Shaw LLP on

Boston Beer Corporation (“Boston Beer”) recently filed suit seeking monetary and injunctive relief in Massachusetts state court, alleging a former employee and his new employer, the competing alcoholic beverage company...more

Mintz - Employment Viewpoints

Key Changes & Updates to Employment Agreements: What Maryland and Virginia Employers Need to Know

Mintz - Employment Viewpoints on

Employers in Maryland and Virginia should be aware of new laws that affect non-compete, confidentiality, non-disclosure, and non-disparagement provisions in pre-dispute agreements that are provided to employees at the onset...more

Proskauer - Law and the Workplace

Delaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision And Nationwide Non-Compete

Proskauer - Law and the Workplace on

On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the...more

Foster Swift Collins & Smith

Time to Revisit Your “Standard” Employment and Separation Agreements

Foster Swift Collins & Smith on

A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation...more

Dunlap Bennett & Ludwig PLLC

Do I Need An Employment Agreement Lawyer?

Dunlap Bennett & Ludwig PLLC on

Employment agreements are contracts that lay out the terms and conditions of an employment relationship. Establishing a clear, written, and legally binding employment agreement with the support of an employment agreement...more

Roetzel & Andress

Terminating Your Physician Employment Contract: Knowing your Exit Strategy

Roetzel & Andress on

This week, on the #HealthLaw HotSpot, host Ericka Adler focuses on how physicians can safely exit their employment agreements. She discusses the timing of when and how notice is given, and some key issues to keep in mind...more

Stevens & Lee

Is PA Getting Closer to Eliminating Noncompetes for Healthcare Practitioners?

Stevens & Lee on

Senate Bill 1358, otherwise known as the Health Care Practitioner Noncompete Act, was introduced Monday, October 18, 2022 to the Pennsylvania General Assembly and is scheduled for a committee hearing October 19, 2022....more

Flaster Greenberg PC

How to Avoid Costly Business Litigation: Tip #6 Use Non-Competition Agreements with Your Employees Sparingly

Flaster Greenberg PC on

...Why should you be cautious about having your employees sign non-compete agreements or other restrictive covenants, as we lawyers call them? After all, non-compete agreements have become favored as a means of protecting...more

Holland & Hart - Employers' Lawyers

Colorado’s New Noncompete Law: Four Steps to Enhance Compliance

Holland & Hart - Employers' Lawyers on

Colorado’s revised noncompete statute takes effect on August 10, 2022. It imposes strict new requirements for noncompete and customer non-solicit agreements. Here are four steps employers can take to ensure compliance with...more

ArentFox Schiff

DC Council Passes Bills Amending Non-Compete Ban

ArentFox Schiff on

On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Sheppard Mullin Richter & Hampton LLP on

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more

McDermott Will & Emery

Is There a Doctor in the House? Helping Physician Non-Competes Survive Challenges

McDermott Will & Emery on

Many non-compete agreements face challenges in both execution and enforcement. Each state has its own standards for what is permissible regarding duration and scope. And many states layer on additional restrictions and...more

Sheppard Mullin Richter & Hampton LLP

Buyer (and Seller) Beware: The FTC Is and Will Come for Your M&A Non-Competes

Sheppard Mullin Richter & Hampton LLP on

Since President Biden’s July 2021 direction to the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has...more

Husch Blackwell LLP

Colorado Cracks Down on Restrictive Covenants

Husch Blackwell LLP on

As anticipated, Governor Polis signed into law last week Colorado’s new limitations on restrictive covenants, which includes noncompetition, nonsolicitation, and confidentiality covenants. ...more

Jackson Lewis P.C.

Second Circuit Revives ‘Uniqueness’ as Basis for Enforcing Non-Compete

Jackson Lewis P.C. on

Breathing new life into “uniqueness” (of an employee’s services) as a legitimate business interest supporting enforcement of non-competition covenants under New York law, the U.S. Court of Appeals for the Second Circuit...more

Allen Matkins

Court Of Appeal Affirms Enforceability Of Post-Termination Solicitation Ban In Employment Agreement

Allen Matkins on

California is famously hostile to covenants not to compete.   In fact, Section 16600 of the California Business & Professions Code provides "Except as provided in this chapter, every contract by which anyone is restrained...more

McGlinchey Stafford

When Will My Non-Compete Agreement End? - The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

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