News & Analysis as of

Restrictive Covenants

Ward and Smith, P.A.

How to Handle Pet Disputes in Community Associations

Ward and Smith, P.A. on

However, creating pet policies is only half the battle—consistent and proper enforcement is key to handling pet disputes.  Remember, service and emotional support animals are not pets, so keep in mind that the pet policy does...more

Jackson Lewis P.C.

Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

Jackson Lewis P.C. on

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more

Mintz - Employment Viewpoints

Mintz On Air: Practical Policies – When Should You Hire an Employment Lawyer?

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more

FordHarrison

Noncompete News: New Jersey Introduces New Bill to Kill Noncompete Agreements

FordHarrison on

Executive Summary: Following last year’s unsuccessful attempt to ban noncompete agreements, New Jersey’s legislature introduced a new bill on May 19, 2025, to prohibit the use of noncompete clauses....more

Mintz

[Podcast] Mintz On Air: Practical Policies – When Should You Hire an Employment Lawyer?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series...more

Proskauer - Employee Benefits & Executive...

Tenth Circuit Affirms Distinction Between Forfeiture and Penalty for Competition

In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v....more

Troutman Pepper Locke

Restrictive Covenants Unenforceable Where Consideration Forfeited

Troutman Pepper Locke on

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the...more

Ice Miller

Ohio Legislature Introduces Bill to Ban Non-Competes in Employment Agreements

Ice Miller on

Ohio Senate Bill 11 (SB11)—supported by members from both sides of the political spectrum—has been introduced in the Ohio Legislature, aiming to prohibit employment agreements that restrict employees from competing with their...more

Stradling Yocca Carlson & Rauth

The Unseen Challenges: Safeguarding Minority Sellers in M&A

In the high-stakes world of mergers and acquisitions, minority shareholders must proceed judiciously. While transactions may have the power to reshape entire industries and create tremendous value, such arrangements can be...more

PilieroMazza PLLC

[Webinar] Multijurisdictional Employers, Part 2: 2025 State-by-State Updates on Non-Compete and Non-Solicitation Agreements - June...

PilieroMazza PLLC on

As the legal landscape around restrictive covenants continues to evolve, staying ahead of changes in non-compete and non-solicitation laws is critical for employers, their HR professionals, and in-house counsel. Don’t miss...more

Morris James LLP

Delaware Supreme Court Clarifies Enforcement of Forfeiture-for-Competition Provisions

Morris James LLP on

LKQ Corp. v. Rutledge, C.A. No. 110, 2024 (Del. Dec. 18, 2024) - In this en banc decision, the Delaware Supreme Court answered a certified question from the United States Court of Appeals for the Seventh Circuit...more

Bennett Jones LLP

Workplace Investigations: Perfection Is Not the Standard

Bennett Jones LLP on

A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more

BakerHostetler

The CHOICE Act: A New Era for Noncompete Agreements in Florida

BakerHostetler on

As referenced in our blog post discussing notable noncompete changes nationwide, Florida lawmakers are changing how the Sunshine State views noncompete and garden leave agreements....more

Morgan Lewis

Florida’s New CHOICE Act Authorizes Garden Leave, Makes 4-Year Noncompete Agreements Easier to Enforce

Morgan Lewis on

The Florida House and Senate recently passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act by an overwhelming majority. The CHOICE Act will substantially reshape Florida...more

Saul Ewing LLP

Florida Non-Compete Law Scheduled for a Face-Lift

Saul Ewing LLP on

On April 24, 2025, the Florida House and Senate passed legislation introducing large-scale changes to Florida’s non-compete landscape. The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic...more

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

New Kansas Law Will Presume Nonsolicitation Agreements Enforceable

Kansas Governor Laura Kelly recently signed a bill into law that deems certain nonsolicitation agreements with business owners and employees to be presumptively enforceable and not a restraint on trade. ...more

BakerHostetler

States Step In To Fill Void Left by FTC Noncompete Rule

BakerHostetler on

The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more

FordHarrison

Florida Legislature Passes Expansive New Noncompete Bill, Awaiting Governor's Signature

FordHarrison on

On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, significantly expanding the enforceability of noncompete laws in the...more

Akerman LLP - HR Defense

Florida Has Made the Bold “CHOICE” to Bolster Enforceability of Non-Compete Agreements With a New Law Taking Effect This Summer

The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based...more

Bradley Arant Boult Cummings LLP

In the Fight Against Noncompete Agreements, Florida Chooses Employers

The Florida Legislature passed the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act” last month to provide employers two new outlets for protecting confidential information and...more

Benesch

Ohio Senate Deliberates Ban on Noncompete Agreements for All Employees

Benesch on

Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio. Ohio Senate Bill 11 would prohibit any restriction on an employee’s or independent contractor’s ability...more

Fisher Phillips

Colorado to Ban Most Healthcare Provider Restrictive Covenants and Refine Sale-of-Business Exception: What You Need to Know

Fisher Phillips on

Colorado lawmakers recently passed a bill that will block businesses from entering into restrictive covenants such as non-competition and customer non-solicitation agreements with certain healthcare workers and refine the...more

Vorys, Sater, Seymour and Pease LLP

Kansas Enacts New Employer-Friendly Law Clarifying Enforceability of Non-Solicitation Agreements

Kansas has recently joined the expanding list of jurisdictions to pass or introduce legislation related to restrictive covenants. Except this time, the legislation substantially modifies the state’s approach to restrictive...more

Mintz

Restrictive Covenants in Private Equity Transactions

Mintz on

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

Brownstein Hyatt Farber Schreck

Wyoming Adopts Statutory Limits for Noncompetes

The Wyoming State Legislature has adopted a statute limiting the use of noncompete restrictions for Wyoming workers. Importantly, the Wyoming statute is not a categorical ban on noncompetes and protects the validity of these...more

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