Non-Competes

When I began the practice of law, non-competes were still fairly rare. They were utilized most frequently to apply to salespeople and sellers of businesses. In the ensuing years, non-competes became much more commonplace. Now, there is shift away from non-competes. The impetus is coming from governmental sources. The FTC has announced its intention to invalidate non-competes in the future. Also, numerous states have enacted legislation to invalidate and/or restrict the use of non-competes. More are sure to follow. Businesses in states that permit non-competes are certain to feel the pressure to limit or discontinue their use once their prospective talent pool has the option to sign on with employers who do not require them. The tide is turning and you should expect to see fewer and less restrictive non-competes in the future.