On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowan rescinded several previously issued memos, including two related to restrictive covenants.
On January 16, 2025, just days before transferring power to the new administration, the FTC and DOJ issued updated Antitrust Guidelines for Business Activities Affecting Workers aimed at addressing business practices that impact workers.
2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention.
In response to two questions certified by the 7th Circuit, the Delaware Supreme Court clarified that forfeiture-for-competition provisions in employment agreements are subject to a looser review standard.
NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA and alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.
The Georgia Supreme Court held that the Georgia Restrictive Covenants Act does not require that restrictive covenants contain an express geographic restriction to be enforceable.
Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20.
On August 14, 2024, a federal court in Florida in Properties of the Villages, Inc. v. Federal Trade Commission entered a limited injunction prohibiting the FTC from enforcing its non-compete rule against the named plaintiff.
On July 23, 2024, Pennsylvania enacted the Fair Contracting for Health Care Practitioners Act, which bans certain noncompete covenants, including patient nonsolicitation provisions, between an employer and health care practitioner.
