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Employment Litigation Roundup: January 2026

The Delaware Court of Chancery recently recommended dismissal of an employer’s motion to enforce a two-year noncompete contained in a profits interest award against a former employee. The restriction prohibited the employee,...more

Employment Litigation Roundup: December 2025

Delaware court enforces five-year non-compete signed during merger - In William Brian Derge v. D&H United Fueling Solutions, Inc., et al., the Delaware Court of Chancery enforced a five-year non‑compete signed in...more

Employment Litigation Roundup: November 2025

Maryland court says short-term incentive bonus is not a “wage” under Maryland law - In Swain v. Paramount Global, Inc., et al., a Maryland federal court held that an employee’s annual bonus under Paramount’s Short-Term...more

Employment Litigation Roundup: October 2025

Massachusetts court holds parent company cannot enforce noncompete against its subsidiary’s employee - On October 7, 2025, the Massachusetts Superior Court denied an employer and its parent entity’s request for an...more

Employment Litigation Roundup: September 2025

FTC retreats from broad non-compete ban but signals increased case-by-case scrutiny of non-competes will continue - On September 5, 2025, the Federal Trade Commission (the “FTC”) voluntarily dismissed its appeal in the...more

Employment Litigation Roundup: August 2025

In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Employment Litigation Roundup: June 2025

In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more

NYS Senate passes bill banning most non-competes; on to NYS Assembly

On June 9, 2025, the New York State Senate passed Senate Bill S4641A (the “Bill”). The Bill, if signed into law, would prohibit most non-compete agreements (“non-competes”) throughout the state, except for those with highly...more

U.S. Supreme Court rejects heightened “background circumstances” burden for Title VII plaintiffs in majority groups

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose a heightened evidentiary standard on majority-group plaintiffs alleging...more

Employment Litigation Roundup: May 2025

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

Employment Litigation Roundup: April 2025

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more

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