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Non-Compete Agreements › Contract Terms

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Quarles & Brady LLP

Oregon Enacts Legislation Placing Parameters on PE Involvement in Professional Medical Entities

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Oregon has put itself on the map as the first state to follow through with its efforts to curtail private equity (“PE”) control over professional medical entities (“PMEs”). Quarles has been reporting on increased efforts by...more

Bass, Berry & Sims PLC

States Continue to Refine Their Treatment of Non-Competition Agreements

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The vast body of restrictive covenant law continues to develop across the country as states navigate refining their approach to non-compete and non-solicitation agreements with some expansions along with the general trend of...more

Conn Kavanaugh

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

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On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Rules of Washington Noncompetition Agreements May Change Again

Lasher Holzapfel Sperry & Ebberson PLLC on

The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across...more

Epstein Becker & Green

New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers

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As anticipated, New Jersey has joined the growing list of state legislative efforts aimed at prohibiting or restricting the use of noncompetes and no-poach agreements....more

Seyfarth Shaw LLP

Non-Compete Agreements in Health Care: A Rapidly Evolving Legal Landscape

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In the wake of the Federal Trade Commission’s recently failed attempt to ban non-compete agreements between employers and workers, individual states have once again taken up the mantle of further regulating and limiting their...more

Baker Donelson

Employers Can Relax: Florida Gets Friendlier on Non-Compete Agreements

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Employers can relax and enjoy the Florida sunshine. Here is why: On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. Not...more

Bass, Berry & Sims PLC

Texas Caps Physician Non-Compete Buyouts and Adds New Limits Under SB 1318

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On June 20, Texas Governor Greg Abbott signed Senate Bill 1318 (Amendment) into law, amending Texas Business & Commerce Code Section 15.50(b), which is commonly thought of as the “Texas physician non-compete buyout statute.”...more

Lowndes

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

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The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements....more

Bracewell LLP

Texas SB 1318: Changes to Healthcare Non-Competes Effective September 1, 2025

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Healthcare employers in Texas face new requirements for non-competition agreements following the passage of Senate Bill 1318. The Texas Legislature passed this legislation on May 28, 2025, and on June 20, 2025, Governor...more

King & Spalding

Oregon Enacts Further Restrictions Against Private Equity Investment in Medical Practices

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Last week, Oregon enacted into law SB951, which strengthens Oregon’s corporate practice of medicine doctrine by implementing greater restrictions on arrangements between medical practices and management services organizations...more

Mintz - Employment Viewpoints

Top Massachusetts Court Clarifies That Non-Solicitation Covenants Fall Outside the State’s Non-Compete Law

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In a closely watched decision, the Massachusetts Supreme Judicial Court in Miele v. Foundation Medicine, Inc. clarified that the Massachusetts Noncompetition Agreement Act (MNAA) (G.L. c. 149, § 24L) does not apply to...more

Hahn Loeser & Parks LLP

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

Hahn Loeser & Parks LLP on

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

Potomac Law Group, PLLC

NDAs with Extras: What You Didn’t Sign Up For

Potomac Law Group, PLLC on

Anyone who has had even passing exposure to technology companies has dealt with Non-Disclosure Agreements (commonly referred to as "NDAs" in high-tech companies but "CDAs" in pharma/biotech to distinguish them from the other...more

Clark Hill PLC

Texas enacts sweeping changes to noncompete agreements for healthcare providers

Clark Hill PLC on

On June 20, Gov. Greg Abbott signed into law significant amendments to the Texas Business and Commerce Code, as contained in Senate Bill 1318, that will substantially restrict noncompete agreements for physicians and other...more

Katten Muchin Rosenman LLP

5 Things to Know About Senate Bill 1318: Navigating New Non-Compete Restrictions for Healthcare Practitioners in Texas

Katten Muchin Rosenman LLP on

On June 20, 2025, Texas Governor Greg Abbott signed into law Senate Bill 1318 (“SB 1318”), which amends Texas Business & Commerce Code Section 15.50(b) to impose new limitations on physician non-competes. SB 1318 also adds a...more

Jackson Walker

Governor Abbott Signs SB 1318, Instituting Limitations on Covenants Not to Compete of Physicians, Dentists, Physician Assistants,...

Jackson Walker on

On June 20, 2025, Texas governor Greg Abbott signed Senate Bill 1318, initiating major changes in the scope and enforceability of non-competition covenants that are commonly included in the sale of a medical practice or other...more

Holland & Knight LLP

Change Is Coming: Texas Healthcare Provider Non-Competes Subject to New Strict Limits

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Texas Gov. Greg Abbott on June 20, 2025, signed into law Senate Bill (SB) 1318, which creates greater restrictions on physician non-compete agreements in Texas and, for the first time, extends such restrictions to non-compete...more

Seyfarth Shaw LLP

Lone Star Limitations – Texas Further Narrows the Use of Non-Competes with Medical Professionals

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Texas imposes new limits on non-compete agreements with licensed physicians and health care professionals that takes effect September 1, 2025....more

Morgan Lewis

Massachusetts High Court Clarifies Noncompete Law’s Scope, Declines to Let Nonsolicits ‘Through the Back Door’

Morgan Lewis on

In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (SJC) clarified that the Massachusetts Noncompetition Agreement Act (MNAA or the Act) does not apply to a forfeiture clause triggered by a breach...more

Robins Kaplan LLP

Avoiding a Tragic End to a Fiduciary Relationship

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Blockbuster movies follow varied plotlines—some tragic, some heartwarming, some a mix. Often they are based on human dramas. In the real world, fiduciary relationships can set the proverbial stage for unwelcomed high drama,...more

Troutman Pepper Locke

Florida’s CHOICE Act Expected to Expand Employer-Friendly Non-Compete Laws on ‎July 1‎

Troutman Pepper Locke on

Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act is expected to go into effect on July 1, 2025. Once in place, the...more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

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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

Holland & Knight LLP

Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

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The Massachusetts Supreme Judicial Court (SJC) has ruled that a forfeiture clause triggered by a breach of a non-solicitation agreement is not a "forfeiture for competition agreement" under the Massachusetts Noncompetition...more

Parker Poe Adams & Bernstein LLP

New Florida Law Expands Employers' Ability to Use Noncompetes

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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

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