Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause. While the Act explicitly excludes covenants not to solicit from its definition of noncompetition agreements
On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes with certain terms it found concerning. At nearly the same time, the FTC withdrew its appeals pending in the Fifth and Eleventh Circuits of
UPDATED July 7, 2025
The bill became law on July 4, 2025.
Florida lawmakers recently passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act (the “Act”), which would create a presumption that covered non-compete and garden leave agreements are enforceable. If it is approved by Governor Ron DeSantis, or allowed to
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. Rutledge(which applied Delaware law), the Tenth Circuit concluded that, under Kansas law, the remedy of