Protecting customer relationships, confidential information, and competitive positioning has become increasingly challenging in a mobile workforce. When a former employee leaves an organization, particularly one with access...more
My nonlawyer friends often assume non-compete agreements are not enforceable, usually because they had read an old headline about the Federal Trade Commission’s (FTC’s) proposed rule banning non-competes or an article...more
11/13/2025
/ Contract Terms ,
Employee Mobility ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Illinois ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State Labor Laws
My nonlawyer friends often assume non-compete agreements are not enforceable, usually because they had read an old headline about the Federal Trade Commission’s (FTC’s) proposed rule banning non-competes or an article...more
11/12/2025
/ Confidential Information ,
Contract Terms ,
Employee Mobility ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Enforceability ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
When an employee departs, especially to join a competitor or start a competitive venture, the risk to the employer’s confidential information and customer relationships can be immediate. In those moments, time is not a...more
In a significant shift in its regulatory strategy, the Federal Trade Commission (FTC) has moved away from sweeping rulemaking on non-compete agreements and adopted a case-by-case enforcement approach....more
9/26/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Deregulation ,
Employee Mobility ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Public Comment ,
Regulatory Reform ,
Restrictive Covenants
In a significant shift in its regulatory strategy, the Federal Trade Commission (FTC) has moved away from sweeping rulemaking on non-compete agreements and adopted a case-by-case enforcement approach. This pivot comes in the...more
In recent weeks, the Federal Trade Commission (FTC) has intensified its scrutiny of non-compete agreements—most notably through its enforcement action against Gateway Services and letters sent to major health care employers....more
Just one week after the Federal Trade Commission (FTC) ordered Gateway Services Inc. (Gateway), the nation’s largest pet cremation company, to cease enforcing non-compete agreements that bound nearly 1,800 workers, FTC...more
The Federal Trade Commission’s (FTC’s) non-compete rule may be effectively dead, but the agency’s focus on non-compete agreements is very much alive. In February, FTC Chairman Andrew Ferguson launched a Joint Labor Task Force...more
9/8/2025
/ Anticompetitive Agreements ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Section 5 ,
Unfair or Deceptive Trade Practices