Even Delaware courts are applying increasing scrutiny to restrictive covenants, including no solicitation provisions, even in a business sale.

Washington state has enacted a new law that renders nearly all noncompete agreements void and unenforceable for Washington-based workers. It becomes effective in 2027.

The FTC has not totally walked away from noncompetes. The FTC is now going after no-hire provisions in commercial contracts.

A Delaware court found restrictions reasonable but overbroad and unenforceable, highlighting the need for careful drafting of restrictive covenants for enforceability.

The FTC has announced a more aggressive enforcement posture on employment restrictive covenants.

Even where the employee argued that customer names were not confidential and he had not taken any lists from the employer, the court granted an injunction.

Forfeiting benefits for violating the no-solicitation agreement does not violate the statute that prohibits forfeiture of non-competition payments.

Delaware case law indicates that noncompete provisions are under closer scrutiny.

A Delaware court of Chancery invalidated a non-compete entered into as part of a business sale. The court held that the restrictive...

The Supreme Court of Pennsylvania decided a no-hire provision between competing businesses void as a matter of public policy and...

The NLRB has initiated a new effort to address non-compete agreements. The NLRB General Counsel has issued a policy memo expressing its...

The FTC’s proposed rule would effectively ban worker non-compete provisions by deeming them an unfair method of competition under the FTC...

In 2018, Massachusetts became the first state to provide for garden leave payments – payments to employees forced to sit out employment...