News & Analysis as of May 16, 2025

Enforcement

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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 -

Restrictive Covenants in Private Equity Transactions

Mintz on 5/15/2025

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Kansas Passes Pro-Employer Restrictive Covenant Legislation

Proskauer - Law and the Workplace on 5/2/2025

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

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on 3/14/2025

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Federal Trade Commission proposes a noncompete ban: Five things to know

Society of Corporate Compliance and Ethics... on 4/6/2023

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

Proskauer - Law and the Workplace on 7/22/2022

On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more

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