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Employer Liability Issues Restrictive Covenants

Seyfarth Shaw LLP

Restrictive Covenant Law For The First Four Months of 2025

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With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....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

Jenner & Block

Delaware Supreme Court Reaffirms Reluctance to Blue-Pencil Overbroad Restrictive Covenants in Sunder v. Jackson

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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

CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

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Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

Holland & Hart - Employers' Lawyers

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave by Brad Cave Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law.  While the new law leaves Wyoming businesses with a few options to...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature Proposes New Bill Banning Non-Compete Agreements

The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more

Bennett Jones LLP

BC Court of Appeal Confirms “No hire” Clause Not Intended to Injure Employees

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In Latifi v The TDL Group Corp., 2025 BCCA 45, (Latifi) the BC Court of Appeal upheld the summary dismissal of a proposed class action against the Tim Hortons franchisor in Canada. The underlying dispute between the...more

Mandelbaum Barrett PC

Understanding Restrictive Covenants in Associate Employment Agreements

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When it comes to restrictive covenants, the veterinary industry is rapidly evolving. Many successful practices are adapting to these changes and taking a progressive approach when it comes to recruiting new DVMs. Employers...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

Maynard Nexsen on

On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

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The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Bass, Berry & Sims PLC

Ethics Rules Applicable to Hiring Former Federal Government Employees

As the Trump administration continues to eliminate federal positions and reduce contract and grant outlays, many private companies will likely be eyeing current and former government employees for employment over the coming...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, March 2025

Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

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The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Dinsmore & Shohl LLP

Significant Non-Compete Restrictions May Be Coming to the Buckeye State

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Ohio may be the next state to place restrictions on non-competition provisions in employment agreements for employers, including healthcare providers. Ohio Senators Bill Blessing (R-Colerain Township) and Bill DeMora...more

Fisher Phillips

Washington Supreme Court Significantly Limits Moonlighting Restrictions for Low Wage Employees: Your 4-Step Plan for Compliance

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In a first-of-its-kind decision, the Washington Supreme Court took aim at the ability of employers to prevent low wage employees in the state from “moonlighting” or otherwise supplementing their income during their...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Dorsey & Whitney LLP

Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

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On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Hendershot Cowart P.C.

Legal Alternatives to Breaking a Non-Compete Agreement in Texas

Hendershot Cowart P.C. on

Many employees feel trapped by non-compete agreements, but there are legal ways to handle these restrictive employment agreements. Before risking legal action by breaking your agreement, consider these alternatives....more

Clark Hill PLC

Washington Supreme Court Says Employers May Not Unreasonably Restrain Employees From Working for Competitors

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In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more

Venable LLP

Antitrust in the Workplace: DOJ and FTC Issue Guidelines for Business Activities Affecting Workers

Venable LLP on

On January 16, 2025, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued new guidance for employment practices that impact workers. ...more

Troutman Pepper Locke

Navigating Restrictive Covenants in Private Equity — PE Pathways Podcast

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PE Pathways, hosted by attorneys from our Private Equity practice, is a podcast series where experienced dealmakers share their thoughts on current private equity and M&A trends and developments. Stay informed about the...more

Seyfarth Shaw LLP

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

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In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. ...more

Fisher Phillips

One Year of California’s New Non-Compete Law: 5 Tips for All Employers to Stay Compliant

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California is well-known for prohibiting most non-compete agreements in the employment context, but the state took things to the next level a year ago. On January 1, 2024, California introduced a new statute that makes...more

Morris James LLP

Delaware Supreme Court Upholds Court of Chancery’s Refusal to Blue Pencil an Unreasonable Covenant Not to Compete

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In Sunder Energy v. Jackson, No. 455, 2023 (Del. Supr., December 10, 2024), the Delaware Supreme Court upheld the Delaware Court of Chancery’s decision not to enjoin a former employer and member of a Delaware LLC from...more

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