Trade Secrets & Employee Mobility Law - Featuring the Spilling Secrets Podcast | Epstein Becker Green

Louisiana, Maryland, and Iowa Pass Laws Restricting Noncompetes Specific to Certain Professions

Daniel R. Levy, Laura E. Holtan, Gianna Dano — Mon, 27 Jul 2026 09:00:01 -0700

Louisiana and Maryland have recently enacted restrictions on noncompete agreements with certain individuals and professions that will go into effect later this calendar year, and Iowa also passed legislation that recently went into effect. Here’s what employers need to know.

Delaware Refuses to Blue Pencil Overbroad Restrictive Covenants Following Business Acquisition

Daniel R. Levy, Laura E. Holtan — Tue, 21 Jul 2026 09:00:02 -0700

In a recent opinion, the Delaware Court of Chancery refused to enforce or blue-pencil restrictive covenants imposed after a national restoration company acquired a local restoration business. Although it is an unpublished opinion, the case presents another example of the Delaware Court of Chancery refusing to blue pencil an overbroad restrictive covenant agreement.

Virginia Senate Bill 128 Adds Health Care Professionals to Virginia’s Noncompete Restrictions

Daniel R. Levy, Gianna Dano — Wed, 24 Jun 2026 09:00:03 -0700

As we previously reported, Virginia recently enacted Senate Bill 170 (“the Act”), which takes effect July 1, 2026, and expands the Commonwealth’s existing restrictions on noncompete agreements by rendering such agreements void and unenforceable when an employer terminates an employee without cause. On May 14, 2026, by way of Senate Bill 128 (“SB 128” or the “Amendment”), Virginia broadened the Act to prohibit noncompetes for “health care professionals, ” effective July 1, 2026.

When the Deal Closes, the Trade Secrets Don't: Enforcing Sale-of-Business Covenants Under Judicial Scrutiny

Maurice Wells — Fri, 22 May 2026 09:00:04 -0700

Restrictive covenants entered in connection with the sale of a business occupy a different place than ordinary employment noncompetes. In a sale transaction, the buyer is not simply trying to limit a former employee’s next job. The buyer is paying for goodwill, customer relationships, confidential information, and the seller’s promise not to immediately undermine the value of what was sold.

Tennessee Enacts New Restrictions on Noncompete Agreements

David J. Clark — Mon, 11 May 2026 09:00:05 -0700

Tennessee has just adopted a new framework for noncompete agreements. On May 7, 2026, Tennessee Governor Bill Lee signed into law House Bill 1034, as amended. The new statute goes into effect on July 1, 2026, and will apply to any agreement entered into, renewed or amended on or after that date. Employers with workers in Tennessee should immediately familiarize themselves with the new requirements. The new law:

Maine Restricts Noncompetes for Health Care Practitioners

Laura E. Holtan, Daniel R. Levy — Wed, 29 Apr 2026 09:00:06 -0700

On April 15, 2026, Governor Janet T. Mills signed into law “An Act Relating to Noncompete Agreements Between Employers and Health Care Practitioners,” L.D. 2200 (the “Amendments”). The Amendments significantly restrict noncompetes for health care practitioners in the State of Maine. The Amendments apply to all noncompete agreements entered into, or renewed on or after, the Amendments’ effective date of July 13, 2026 (the “Effective Date”).

Utah Bans Post-Employment Noncompetes for Healthcare Workers Effective May 6, 2026

Laura E. Holtan, Daniel R. Levy — Wed, 29 Apr 2026 09:00:07 -0700

On March 24, 2026, Governor Spencer J. Cox signed the Healthcare Worker Post-Employment Amendments, House Bill 270 (the “Amendments”) into law. Taking effect on May 6, 2026, the Amendments eliminate, with limited exceptions, post-employment noncompetes in the State of Utah for healthcare workers.

Garden Leave Provisions in Employment Agreements: 2026 Update

Mon, 27 Apr 2026 09:00:08 -0700

Thomson Reuters Practical Law has released the 2026 update to “Garden Leave Provisions in Employment Agreements,” co-authored by Peter A. Steinmeyer and Lauri F. Rasnick, Members of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Chicago and New York offices, respectively.

50-State Noncompete Survey Updated Amid Growing State Restrictions

Daniel R. Levy, David J. Clark, Katherine G. Rigby, Gianna Dano — Tue, 21 Apr 2026 09:00:09 -0700

Epstein Becker & Green is pleased to share that the latest edition of our comprehensive 50-State Noncompete Survey has been updated and is now available.

Virginia Approves SB170: Expanded Restrictions on Enforcement of Noncompetes Take Effect July 1, 2026

Daniel R. Levy, Gianna Dano, Eric I. Emanuelson, Jr. — Thu, 16 Apr 2026 09:00:10 -0700

As we reported last month, Virginia lawmakers passed Senate Bill 170 imposing additional restrictions on employee noncompetes in the Commonwealth. On April 13, 2026, Governor Abigail D. Spanberger signed Senate Bill 170 (“the Act”) into law. The Act will take effect July 1, 2026 and will prohibit enforcement of a noncompete if the employer discharges the employee without cause and does not provide the employee with severance benefits or other monetary payment. The Act applies to agreements entered into, amended, or renewed on or after July 1, 2026.