Recent Scrutiny of Non-Competes

Federal and state enforcement agencies, historically, have stayed out of regulating non-compete agreements. But a recent uptick in enforcement activity suggests that is changing, and employers that use non-competes are now likely to be challenged, says attorney Lawrence J. Del Rossi in a Today’s General Counsel article. “If employers are not prepared to respond to these challenges their ability to protect their business interests could be severely compromised,” he says. He looks at some recent cases and suggests what employers should consider in determining whether to implement a non-compete, modify an existing one, or possibly eliminate it altogether for some or all of their employees.