By Jesse M. ColemanMichael Wexler, and Robert Terzoli 

Seyfarth Synopsis: An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements.

The decision is yet another attack on non-competes in line with the NLRB General Counsel’s May 30, 2023 memo

Continue Reading NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

By Jesse M. ColemanEron ReidRobert B. Milligan, and Michael Wexler 

Seyfarth Synopsis: On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court

Continue Reading FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

By Robert B. MilliganKatherine PerrelliMichael WexlerKevin MahoneyJesse M. Coleman , and Dawn Mertineit 

Seyfarth Synopsis: This week, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation

Continue Reading FTC Approves Rule Banning Non-Competes With Workers

By Jesse M. Coleman and Eron Reid

Seyfarth Synopsis: On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on Bank Merger Transactions. Among the proposed revisions, the agency’s proposal will prohibit non-compete agreements in bank mergers in which the selling bank is

Continue Reading FDIC Updates Bank Merger Guidance to Include Non-Compete Ban

By Dawn Mertineit 

As we reported at the end of February, Maine’s House of Representatives voted for a non-compete ban that would have invalidated virtually all such agreements in the state. In March, the Senate passed the bill, sending it to Governor Mills’s desk. Despite what looked like another victory for opponents of non-competes, Governor Mills vetoed the proposed

Continue Reading Update: Maine Governor Vetoes Non-Compete Ban

By Dawn Mertineit 

Seyfarth Synopsis: It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds.

The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in

Continue Reading Is Maine the Next Frontier in the Effort to Ban Non-Competes?

By Alex Meier

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor Relations Act (“NLRA”).

As we previously blogged, the NLRB seemingly took the position

Continue Reading Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

By Michael WexlerRobert B. Milligan, and Katherine Perrelli 

Tuesday, January 30, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific


About the Program

Join Seyfarth’s partners, Michael Wexler, Robert Milligan, and Kate Perrelli for an insightful analysis of

Continue Reading Upcoming Webinar! 2023 Trade Secrets & Non-Competes Year in Review

By Bernard OlshanskyDaniel SmallRobert WhitmanJames Yu, and Nicholas De Baun 

Seyfarth SynopsisEfforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023.

As we reported most recently here, New York was set to join a 

Continue Reading New York Non-Compete Ban is Off the Table—For Now

By Robert B. MilliganDawn MertineitDaniel P. Hart, and Marcus Mintz

Seyfarth Synopsis: We invite you to watch our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023. This essential webinar provides

Continue Reading Webinar Recap! What Employers Need to Know Regarding Non-Compete Changes in 2023