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Non-Compete Agreements › Corporate Executives

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 -
Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: FTC Announces Rule Banning Noncompetes

Fitch, Even, Tabin & Flannery LLP on

The Federal Trade Commission (FTC) recently issued a final rule that bans noncompete clauses (“noncompetes”) nationwide. The FTC believes the new rule will protect the ability of workers to change jobs, increase innovation,...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry

ArentFox Schiff on

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers. The Rule will have practical implications on worker...more

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

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

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

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

Bodman

Who is a “Senior Executive” Under the FTC’s Non-Compete Clause Rule? It’s More Narrow Than You Think.

Bodman on

The FTC’s non-compete ban is the topic of conversation for most in the HR world. As we all have heard, the FTC issued the Non-Compete Clause Rule (the “Rule”) which would ban nearly all non-compete provisions with limited...more

Davis Wright Tremaine LLP

UPDATE: FTC Publishes Final Rule Banning Non-Competes: A Simple Explanation

Davis Wright Tremaine LLP on

Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more

AEON Law

Patent Poetry: FTC Bans Employee Non-Compete Agreements

AEON Law on

The Federal Trade Commission (FTC) has voted to approve a proposed rule that would ban employers from using non-compete agreements with nearly all employees. The FTC estimated that one in five US workers is bound by a...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

BakerHostetler on

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

Holtzman Vogel Baran Torchinsky & Josefiak on

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

Fenwick & West LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Latham & Watkins LLP

FTC Issues Final Rule to Ban Most Non-Competes

Latham & Watkins LLP on

The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act. In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

Lathrop GPM on

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

Harris Beach PLLC

Summary of FTC’s Non-Compete Prohibition and Best Practices For The Business World

Harris Beach PLLC on

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the country. ...more

Foley & Lardner LLP

Non-Competes: What the FTC’s Rule May Mean for Health Care & Life Sciences Providers

Foley & Lardner LLP on

On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or...more

Kohrman Jackson & Krantz LLP

FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations

Kohrman Jackson & Krantz LLP on

FTC RULE BANS NON-COMPETE CLAUSES FOR NON-SENIOR EMPLOYEES - Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit...more

King & Spalding

FTC Issues Near-Total Ban on Non-Competes in Final Rule, with a Narrow Exception for Existing Agreements with “Senior Executives”

King & Spalding on

On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements. The final rule bans all non-competes nationwide, including de facto non-competes,...more

Saiber LLC

FTC Issues Final Rule Banning Most Non-Competes In The Employer/Employee Context

Saiber LLC on

Following an Open Commission Meeting on April 23, 2024, the FTC issued a Final Rule rendering most non-compete agreements in the employer/employee context unenforceable. The Final Rule applies nationwide, to all employers...more

Foster Swift Collins & Smith

Federal Trade Commission Prohibits Noncompete Agreements for Almost All U.S. Workers, Legal Challenges Expected

Foster Swift Collins & Smith on

The U.S. Federal Trade Commission (FTC) issued a final rule yesterday (April 23, 2024) to take effect in 120 days prohibiting most noncompete agreements between employers and workers...more

Benesch

The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

Benesch on

The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more

ArentFox Schiff

Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies

ArentFox Schiff on

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash...more

Benesch

Companies Beware - Colorado Continues its Assault on Restrictive Covenants

Benesch on

Colorado enacted a restrictive covenant statute on March 1, 2022 that voided restrictive covenant agreements unless the agreements a) concerned the purchase and/ or sale of a business, b) were specifically designed to protect...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Rejects Employer’s Attempt to Block Executive’s Move to Rival Despite Non-Compete Agreement

Faegre Drinker Biddle & Reath LLP on

As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more

Rosenberg Martin Greenberg LLP

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Rosenberg Martin Greenberg LLP on

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Zuckerman Spaeder LLP

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

Ward and Smith, P.A.

Food Giants Prepare for Battle Over Trade Secret Misappropriation

Ward and Smith, P.A. on

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

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