This is not the noncompete landscape you audited two years ago. New state legislation takes effect in 2026. The FTC’s attempted noncompete ban remains unresolved. Federal and state court decisions have reshaped the enforcement standards underneath agreements already signed.
Keep a stale noncompete on file, and you may be enforcing a restriction no court will honor. Miss a compensation or income threshold, and the covenant fails at the outset. Draft a choice-of-law or forum-selection clause carelessly, and you create a second dispute. Move too slowly after a departure, and the evidentiary record for a temporary restraining order is gone.
You leave with an audit process for agreements already in force. You leave with drafting language for geographic, temporal, and activity-based limitations. You leave with a replacement package of confidentiality, non-solicitation, and trade-secret protections. And you leave with the judgment a research tool cannot supply: when to seek an injunction, and how to argue overbreadth and severability.
Jim O’Connor will be presenting at this myLawCLE webinar on key topics, including:
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