On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation...more
5/2/2025
/ Contract Terms ,
Employee Rights ,
Employer Responsibilities ,
Employment Contract ,
Enforcement ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Regulatory Requirements ,
Restrictive Covenants ,
State Labor Laws
A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a former plant manager. The Court explained that, under Delaware law, forfeiture-for...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States.
Despite...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more
1/6/2023
/ Compliance ,
Enforcement ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Preemption ,
Proposed Rules ,
Restrictive Covenants ,
SCOTUS ,
Shareholders ,
West Virginia v EPA
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more
On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more
7/6/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Asset Purchase Agreements ,
Biden Administration ,
Competition ,
Corporate Sales Transactions ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Monopolization ,
Non-Compete Agreements ,
Restrictive Covenants ,
The Clayton Act