Insights

Garden Leave Agreements are tools that businesses can utilize in order to prevent employees from working for competitors, protect confidential information and trade secrets, and exert some control over an employee that will no longer be expected to work in the office. The employee remains on payroll, at their base…

On July 3, 2025, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act became law. It is anticipated that for businesses with highly compensated employees, this will change the landscape of non-compete and garden leave agreements. To qualify as a highly compensated individual, the employee’s salary must…

On August 20, 2024, the federal court in Ryan, LLC. V. FTC, a case in the Northern District of Texas, set aside the FTC Non-Compete Clause Rule nationwide.  The Ryan court held that (1) the FTC exceeded its statutory authority in implementing the Rule, and (2) the Rule is arbitrary…

Despite ongoing legal challenges, there is not currently a nationwide injunction delaying or stopping the FTC Non-Compete Clause Rule from becoming effective September 4, 2024. Consequently, absent a development in the pending legal challenges (discussed in more detail below), businesses that have not already done so should start planning for…