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OK at Work: Navigating Customer Terms and Usage
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Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
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On Friday, June 13, 2025, the Massachusetts Supreme Judicial Court issued its decision in Miele v. Foundation Medicine, Inc., SJC-13967, holding that forfeiture clauses tied to non-solicitation agreements were definitively...more
Over the past several years, EmployNews has chronicled multiple legislative, regulatory, and judicial assaults on the use of noncompetition agreements with employees. These attacks have weakened or eliminated employers'...more
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
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
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
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
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
LKQ Corp. v. Rutledge, C.A. No. 110, 2024 (Del. Dec. 18, 2024) - In this en banc decision, the Delaware Supreme Court answered a certified question from the United States Court of Appeals for the Seventh Circuit...more
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
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
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
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
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
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
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
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
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
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
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
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
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
On March 19, 2025, Wyoming became one of the latest states to enact legislation banning noncompete agreements. The new law, which goes into effect July 1, 2025, voids “[a]ny covenant not to compete that restricts the right...more
As the future of the Federal Trade Commission’s stalled federal ban on non-competition agreements remains uncertain (FTC Non-compete Ban Blocked – For Good, For Now), states continue to enact laws curtailing employers’...more
The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more
Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Kansas has joined the growing list of jurisdictions to pass or introduce...more