News & Analysis as of May 7, 2025

Non-Solicitation Agreements

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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 -

FTC Chair announces Joint Labor Task Force, commits to facilitating President Trump’s war on DEI

Hogan Lovells on 3/10/2025

The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more

FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/4/2025

On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor...more

DOJ, FTC Issue New Antitrust Guidelines on Business Practices Impacting Workers

Holland & Knight LLP on 1/22/2025

Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more

NLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a Business’...

Epstein Becker & Green on 9/26/2024

On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging...more

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams & Reese on 4/12/2024

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Global Non-Compete Reform – At a Glance Tracker: January 2024

Littler on 1/22/2024

The US is not the only country currently debating a reform to the law on non-competes (see here in relation to federal law and New York). Notably, the UK Government has announced legislation that would limit the duration of...more

New Legislation Extends California Noncompete Ban to Agreements Signed Outside the Golden State and May Impose Notice Obligations...

Foley & Lardner LLP on 10/3/2023

As we’ve previously written, California already takes a strong position against employee noncompete agreements. State law bans such agreements (with extremely limited exception) and imposes significant penalties on employers...more

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on 9/29/2023

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Global Non-Compete Reform – At a Glance: September 2023

Littler on 9/26/2023

The US is not the only country currently debating reform to the law on non-competes (see here in relation to Federal law and New York). Notably the UK Government has announced legislation which would limit the duration of...more

Will Europe Follow the Proposed U.S. Ban on Non-competes?

Littler on 5/3/2023

The U.S. Federal Trade Commission (FTC) announced on January 5, 2023 a proposed ban on non-competes across the United States. With large global employers considering the implications of the proposed rulemaking, we reached out...more

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on 5/2/2023

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

Enforceability of non-competition agreements between employers less than certain under Oklahoma law

McAfee & Taft on 3/22/2023

Most Oklahoma employers are familiar with the fact that the state has one of the strictest laws in the nation as it pertains to non-compete agreements between employers and employees. But what about non-competition or...more

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

Bradley Arant Boult Cummings LLP on 1/9/2023

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 5/11/2022

The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

DOJ Continues Push Against Non-Competes, Non-Solicitations, and Other Post Employment Restrictions

Jenner & Block on 3/2/2022

Aggressive Attacks on Employers’ Post-Employment Restrictions Continue - Employers beware. The Department of Justice’s attack on employee restrictions has gotten a new boost in a no-poach antitrust case alleging that...more

Illegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching Claims

Sheppard Mullin Richter & Hampton LLP on 12/1/2021

No-hire or “no-poaching” agreements have recently come under increasing scrutiny by the federal government, as well as various state regimes. However, a recent Ninth Circuit decision upholding a no-poach agreement highlights...more

Antitrust Regulation And The Labor Market

Womble Bond Dickinson on 9/24/2021

Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

Sheppard Mullin Richter & Hampton LLP on 9/16/2021

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

Construction and Real Estate E-Note - August 2021

Burr & Forman on 9/1/2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more

Federal Regulators Taking Aim at Anti-Competitive Employment Practices

Burr & Forman on 8/27/2021

Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. These restrictive covenants come in three forms: “non-competition,” “non-solicitation,” and...more

President’s Executive Order Aims to Foster a Competitive Marketplace

Sheppard Mullin Richter & Hampton LLP on 7/30/2021

On July 9, 2021 President Joe Biden issued an Executive Order on Promoting Competition in the American Economy, which urges the Attorney General and Federal Trade Commission (FTC) to curb the use of non-compete and no-poach...more

Reappraisal Of Anti-Poaching And Non-Competes In Franchising (Part 1 Of 2)

Fox Rothschild LLP on 7/1/2021

Let’s review the status of activity restrictions in franchise agreements. Do they serve the purpose intended? Are they enforceable? Are they worth it? The Pennsylvania Supreme Court’s decision in Pittsburgh Logistics Systems...more

Supreme Court of Pennsylvania Provides A 7-Step Roadmap to Employers While Striking Down No-Hire Agreement

Fisher Phillips on 5/4/2021

In a decision resolving a dispute that has been pending for nearly five years, the Supreme Court of Pennsylvania just voided a no-hire provision entered into by two companies that bound one of them from hiring former...more

III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes

Cozen O'Connor on 3/18/2019

This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

FordHarrison on 12/7/2018

Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation...more

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