On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the Act) into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after the...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas (the Court) issued a memorandum opinion and order that enjoined the U.S. Federal Trade Commission (FTC) from implementing or enforcing its Rule...more
On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more
4/18/2024
/ Comment Period ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Public Comment ,
Regulatory Agenda ,
Restrictive Covenants ,
Trade Secrets
It’s no secret that employee non-compete — and, to a related extent, non-solicitation — restrictions are increasing disfavored and targeted across the U.S., both on a federal and state level. We’ve recently written about the...more
As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more
A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more
As we have previously discussed, there is an ongoing trend of states prohibiting the use of non-compete agreements in certain situations, including with lower-wage workers. Maine and New Hampshire are the most recent...more