Effective July 1, 2025, Wyoming will restrict the enforceability of non-compete agreements. In enacting Senate Bill 107, Wyoming joins a growing list of states that have significantly restricted, or completely banned,...more
As previously reported, some Delaware courts have recently declined to “blue pencil,” i.e., modify and narrow overbroad restrictive covenants. Instead, they have stricken in their entirety covenants deemed overbroad and...more
An Indiana appellate court recently declined to enforce an executive’s non-compete on the grounds that the covenant’s activity restriction was overbroad.
In Med-1 Solutions, LLC v. Taylor (Opinion 24A-PL-450, November 25,...more
Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more
5/21/2024
/ Choice-of-Law ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exceptions ,
Forum Selection ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Regulatory Requirements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Washington
For those employers who have not yet modified their Minnesota employment and non-compete templates, the time is now. Pursuant to MN SF 3035, as of July 1, 2023, Minnesota employers are prohibited from entering into...more
In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more
Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more
On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more
9/2/2022
/ Choice-of-Law ,
Choice-of-Venue ,
Colorado ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Highly Compensated Employees ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation...more
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a...more
8/27/2021
/ Employer Liability Issues ,
Employment Contract ,
Enforceability ,
Governor Pritzker ,
Illinois ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Noncompliance ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets
Several states have recently enacted modifications to their respective non-compete laws or have legislation in the pipeline. Most continue the trend of limiting enforceability of non-competes, which are agreements between an...more
5/10/2018
/ Amended Legislation ,
Corporate Counsel ,
Employer Liability Issues ,
Enforcement ,
Hiring & Firing ,
Irreparable Harm ,
Legislative Agendas ,
Non-Compete Agreements ,
Rebuttable Presumptions ,
Repeal ,
Restrictive Covenants