Field Guide to Noncompetes and Other Restrictive Covenants: Navigating a Shifting Enforcement Landscape (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Maslon LLC)

This session covers the foundational types of restrictive covenants including non-competes, customer non-solicitation, and employee non-solicitation agreements. Participants will learn what legitimate business interests these covenants can protect, such as confidential information and customer goodwill, and understand the boundaries of permissible restrictions.

This session examines the shifting federal regulatory landscape, from the FTC’s attempted ban under the Biden administration to the current case-by-case enforcement approach under the Trump administration. Attendees will explore the patchwork of state laws including outright bans, salary thresholds, notice requirements, and how remote work complicates multi-state compliance.

This session provides actionable guidance on moving away from one-size-fits-all agreements and implementing alternatives like non-solicitation agreements, NDAs, and trade secret protections. Participants will learn best practices for avoiding common pitfalls, evaluating trade secret hygiene, and balancing legal enforcement strategies with practical business approaches to employee retention.