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Contract Terms Employment Contract Restrictive Covenants

Farrell Fritz, P.C.

The Forfeited Equity Trap: Why Your Non-Compete Might Be Worthless

Farrell Fritz, P.C. on

Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them some equity in the form of incentive units.  You also want to prevent them from running off and...more

Hendershot Cowart P.C.

Are Non-Compete Agreements Banned in Texas?

Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more

Spilman Thomas & Battle, PLLC

Is Your Business Ready for The CHOICE Act?

What is the CHOICE Act?          On April 24, 2025, Florida state lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act or CHOICE Act. The CHOICE Act is a law reforming...more

Mintz - Employment Viewpoints

Mintz On Air: Practical Policies – When Should You Hire an Employment Lawyer?

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more

Proskauer - Employee Benefits & Executive...

Tenth Circuit Affirms Distinction Between Forfeiture and Penalty for Competition

In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v....more

Troutman Pepper Locke

Restrictive Covenants Unenforceable Where Consideration Forfeited

Troutman Pepper Locke on

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the...more

Ice Miller

Ohio Legislature Introduces Bill to Ban Non-Competes in Employment Agreements

Ice Miller on

Ohio Senate Bill 11 (SB11)—supported by members from both sides of the political spectrum—has been introduced in the Ohio Legislature, aiming to prohibit employment agreements that restrict employees from competing with their...more

BakerHostetler

The CHOICE Act: A New Era for Noncompete Agreements in Florida

BakerHostetler on

As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements....more

Morgan Lewis

Florida’s New CHOICE Act Authorizes Garden Leave, Makes 4-Year Noncompete Agreements Easier to Enforce

Morgan Lewis on

The Florida House and Senate recently passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act by an overwhelming majority. The CHOICE Act will substantially reshape Florida...more

Saul Ewing LLP

Florida Non-Compete Law Scheduled for a Face-Lift

Saul Ewing LLP on

On April 24, 2025, the Florida House and Senate passed legislation introducing large-scale changes to Florida’s non-compete landscape. The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Kansas Law Will Presume Nonsolicitation Agreements Enforceable

Kansas Governor Laura Kelly recently signed a bill into law that deems certain nonsolicitation agreements with business owners and employees to be presumptively enforceable and not a restraint on trade. ...more

BakerHostetler

States Step In To Fill Void Left by FTC Noncompete Rule

BakerHostetler on

The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more

FordHarrison

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

FordHarrison on

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the...more

Akerman LLP - HR Defense

Florida Has Made the Bold “CHOICE” to Bolster Enforceability of Non-Compete Agreements With a New Law Taking Effect This Summer

The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based...more

Bradley Arant Boult Cummings LLP

In the Fight Against Noncompete Agreements, Florida Chooses Employers

The Florida Legislature passed the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” last month to provide employers two new outlets for protecting confidential information and...more

Benesch

Ohio Senate Deliberates Ban on Noncompete Agreements for All Employees

Benesch on

Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio. Ohio Senate Bill 11 would prohibit any restriction on an employee’s or independent contractor’s ability...more

Vorys, Sater, Seymour and Pease LLP

Kansas Enacts New Employer-Friendly Law Clarifying Enforceability of Non-Solicitation Agreements

Kansas has recently joined the expanding list of jurisdictions to pass or introduce legislation related to restrictive covenants. Except this time, the legislation substantially modifies the state’s approach to restrictive...more

Lowenstein Sandler LLP

Florida Poised To Enact Employer-Friendly Noncompete and Garden Leave Law

Lowenstein Sandler LLP on

A bill recently passed by the Florida House and Senate and poised to become law effective July 1, 2025, will substantially change the noncompete landscape for employers doing business in Florida. If Gov. Ron DeSantis signs...more

Husch Blackwell LLP

Wyoming Restricts Employer Use of Noncompete Agreements: How Will This Impact Physicians?

Husch Blackwell LLP on

On March 19, 2025, Wyoming passed a new law, SF 107, broadly circumscribing employers’ use of noncompete agreements. Generally, SF 107 broadly prohibits covenants that restrict the right of “any person” to receive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Legislature Passes Restrictive Covenants Bill

On April 24, 2025, the Florida Legislature passed legislation to create two new forms of noncompetes for employers and businesses: a covered garden leave provision and a provision limiting noncompetes to a specific geographic...more

Epstein Becker & Green

The Sunshine State Joins Kansas in Introducing Employer-Friendly Restrictive Covenant Legislation

We recently reported that Kansas was in a minority of states to enact employer-friendly restrictive covenant legislation....more

Sheppard Mullin Richter & Hampton LLP

Have Employees in Wyoming? Start Preparing for the Non-Compete Ban

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

Proskauer - Law and the Workplace

Kansas Passes Pro-Employer Restrictive Covenant Legislation

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

Parker Poe Adams & Bernstein LLP

North Carolina Business Court Decision on Noncompetes and Trade Secrets Has Implications for Employers

Earlier this month, the North Carolina Business Court addressed important issues surrounding noncompete and nondisclosure agreements, providing valuable insights for employers navigating these complex areas of employment law....more

Williams Mullen

New Amendment Further Restricts Non-Competes in Virginia

Williams Mullen on

Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more

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