News & Analysis as of

State Bans Federal Trade Commission (FTC)

Holtzman Vogel Baran Torchinsky & Josefiak

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

Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers - The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more

Sheppard Mullin Richter & Hampton LLP

Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission

Amidst a wave of non-compete bans sweeping California, North Dakota, Oklahoma, Minnesota and, most recently, the nation via the Federal Trade Commission’s non-compete prohibition, Maine Governor Janet Mills departed from this...more

McDermott Will & Emery

Washington State Further Restricts Noncompetition Agreements

Effective June 6, 2024, the state of Washington will further restrict the use of noncompetition agreements. This article provides background on the current law governing noncompetition agreements in Washington and walks...more

ArentFox Schiff

Federal Trade Commission to Vote on Proposed Noncompete Ban on April 23

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On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete...more

Brooks Pierce

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

Brooks Pierce on

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context...more

Foley & Lardner LLP

A Snapshot Of The Evolving Restrictive Covenant Landscape

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In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law. It seems that new precedent emerges on this topic week after week, leaving employers and deal-makers alike concerned...more

A&O Shearman

New York City proposes multiple bills to ban non-competes

A&O Shearman on

On February 28, 2024, members of the New York City Council proposed three bills that would restrict non-competes at various levels. This development follows the New York state legislature’s proposed non-compete ban, which...more

Gibney Anthony & Flaherty, LLP

New York Governor Vetoes Proposed Noncompete Ban

On December 22, 2023, New York Governor Kathy Hochul vetoed S3100, a bill which would have prohibited virtually all contractual noncompete agreements restricting workers’ ability to leave their job for a role with a rival...more

Proskauer - Law and the Workplace

Governor Hochul Vetoes New York Non-Compete Ban

After months of speculation and intense lobbying, New York Governor Kathy Hochul vetoed a bill that would have imposed a near-total ban on employee non-competition agreements in New York State. Governor Hochul has long...more

Mintz - Employment Viewpoints

New York Non-Compete Update: Governor Will Not Sign Non-Compete Bill Unless Changes Are First Made

In her first public comments since its passage, New York Governor Kathy Hochul expressed a desire to see changes in New York’s proposed ban on non-compete agreements (SB 3100) before she would consider signing the bill. We...more

Proskauer Rose LLP

Understanding Proposed Changes to Noncompete Agreements

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Noncompete agreements are under siege, facing attacks on the state and federal fronts. This is vividly illustrated by what's happening within the Federal Trade Commission and the New York State Legislature. In the...more

Cozen O'Connor

The State AG Report – 8.24.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Montana AG Mounts Defense of State’s TikTok Ban- •DC AG...more

Holland & Hart LLP

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

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Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Kohrman Jackson & Krantz LLP

New York May Ban Non-Competes as Bill Awaits Governor’s Signature

New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was...more

Epstein Becker & Green

An Update on the New York Noncompete Ban: It is Unlikely the Governor Will Sign it Anytime Soon

We wrote previously about how nobody seemed to be talking seriously about the noncompete bill that was passed by both the New York General Assembly and Senate last month. If signed by Governor Hochul, the bill would ban...more

Holland & Knight LLP

Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare

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In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more

Foley & Lardner LLP

New York State’s Non-Compete Ban Set to Reach Governor’s Desk

Foley & Lardner LLP on

New York State appears set to join the growing number of jurisdictions prohibiting or significantly limiting the use of employment non-compete agreements. The Empire State’s non-compete ban (Bill No. S3100A), which was...more

ArentFox Schiff

New York’s Potential Ban on Non-Compete Agreements: What You Need to Know

ArentFox Schiff on

New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee non-compete agreements....more

Spilman Thomas & Battle, PLLC

NLRB General Counsel Versus Covenants Not to Compete: What This Latest Fight Means for Your Business

In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more

Pillsbury Winthrop Shaw Pittman LLP

New York Legislature Votes to Ban Non-Competes, Will Become Law if Governor Signs

The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context. The bill allows limited customer non-solicitation...more

Proskauer - Law and the Workplace

Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes

On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it...more

Davis Wright Tremaine LLP

New York State Senate Passes Bill That Would Ban Post-Employment Noncompete Agreements

On June 7, 2023, the New York State Senate passed new sweeping legislation, Senate Bill S3100A (the "Bill"), which would ban post-employment noncompete agreements in New York. The Bill now heads to the New York State...more

Proskauer - Law and the Workplace

Update: New York State Senate Passes Another Bill With A Broad Ban on Non-Competes

We recently reported on New York Bill No. S03100, which, if enacted, would broadly prohibit non-competition agreements in New York. On the same day, June 7, 2023, the New York Senate also passed Bill No. S6748 (the “Bill”),...more

Bond Schoeneck & King PLLC

NYS Considers Ban of Non-Compete Agreements in the Shadow of the FTC's Proposed Nationwide Ban

As a bonus to Bond’s May 30 Business in 2023 webinar, Bond litigation attorney Kevin Cope talked about proposed legislation that would ban non-compete agreements across New York State. Listen to see how this, as well as other...more

Proskauer Rose LLP

Know Your Limits: Understanding State-Imposed Restrictions on Noncompetes

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An estimated 30 million workers in the United States, roughly 18 percent of the American workforce, are subject to a noncompete agreement, according to the US Treasury Department and Federal Trade Commission. Noncompete...more

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