For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to Know
Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for non-compete agreements.
Continue Reading Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to KnowDelaware Chancery Court Enforces Properly Limited Non-Compete While Delaware Supreme Court Affirms Refusal to Enforce or “Blue Pencil” Overbroad Non-Competes
Over the last few years, and just last week, Delaware courts have refused to enforce, or to revise or “blue pencil” to make enforceable, a number of restrictive covenants, even in the traditionally favored sale‑of‑business context, when the covenants appear to exceed the protectable interest of the business with respect to the particular seller or senior executive that agreed to the restrictive covenants. Against that backdrop, the Court of Chancery’s December 8, 2025, ruling in Derge v. D&H United Fueling Solutions Inc. stands out: the court enforced a five‑year, multinational non‑compete against a target C-suite executive who held only a 0.73% stake and received roughly $965,000 at closing.
Continue Reading Delaware Chancery Court Enforces Properly Limited Non-Compete While Delaware Supreme Court Affirms Refusal to Enforce or “Blue Pencil” Overbroad Non-CompetesPresident Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected
On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in the Senate.
Continue Reading President Trump’s NLRB Gains Quorum and GC, Flurry of Activity ExpectedMassachusetts Superior Court Holds Noncompete Agreements Between Parent Companies and Their Subsidiaries’ Employees Are Unenforceable
The Massachusetts Superior Court has ruled that noncompete agreements arising out of the employment relationship entered into between a parent company and a subsidiary’s employee are not enforceable because the parent company does not fall within the meaning of “employer” under the Massachusetts noncompete statute.
Continue Reading Massachusetts Superior Court Holds Noncompete Agreements Between Parent Companies and Their Subsidiaries’ Employees Are UnenforceableFTC Issues Letters to Healthcare Employers Regarding Non-Compete Agreements
Although the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits which set aside the FTC nationwide non-compete ban thereby ending its defense of the Biden administration’s 2024 rule, the FTC has simultaneously communicated that it intends to pursue enforcement action alleging anticompetitive conduct with respect to restrictive covenants that it views as being overly broad or unnecessary, and that it is particularly focused on the healthcare industry.
Continue Reading FTC Issues Letters to Healthcare Employers Regarding Non-Compete AgreementsStates Continue to Refine Their Treatment of Non-Competition Agreements
The vast body of restrictive covenant law continues to develop across the country as states navigate refining their approach to non-compete and non-solicitation agreements with some expansions along with the general trend of more restrictions.
Below we outline recent developments regarding state non-compete and non-solicitation laws in Kansas, Virginia, Florida, New Jersey and Colorado.
Continue Reading States Continue to Refine Their Treatment of Non-Competition AgreementsTennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against BlueCross BlueShield (BlueCross) after BlueCross terminated her at-will employment.
Continue Reading Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private EmployerRegister Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration
Navigating Tennessee Background Check Laws: A Guide for Employers
Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring practices. Below, we outline the key aspects of Tennessee background check laws and employer obligations.
Continue Reading Navigating Tennessee Background Check Laws: A Guide for Employers