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

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

Maurice Wells — Fri, 22 May 2026 09:00:01 -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 09:00:02 -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 09:00:03 -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 09:00:04 -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 09:00:05 -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 09:00:06 -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 09:00:07 -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.

Spilling Secrets Podcast: Non-Competes in 2026 - FTC Signals Major Policy Shift

Wed, 25 Mar 2026 10:26:00 -0700

What employers should know about key developments this week:

FTC Enforcement Shift on Non-Competes: The Federal Trade Commission (FTC) announced it will enforce non-compete agreements on a case-by-case basis, moving away from broad rulemaking.
Key Enforcement Priorities: The FTC is prioritizing non-competes in industries with limited access to confidential information and for low-wage, hourly, or entry-level workers.
Health Care Industry Scrutiny: The composition of panelists at the FTC’s recent workshop—including physicians and veterinarians—suggests the agency will continue focusing on non-competes involving health care professionals.

In this episode of Spilling Secrets, Epstein Becker Green attorneys Daniel R. Levy and Gianna Dano break down what the FTC’s new approach means for employers, including key enforcement priorities and compliance tips.

Washington State Bans Almost All Noncompetes

Daniel R. Levy — Wed, 25 Mar 2026 09:00:09 -0700

Washington state has joined a growing list of states banning almost all noncompetes between employers and employees and independent contractors. As we previously reported, the Washington State legislature introduced HB1155 earlier this year. On March 23, 2026, Governor Bob Ferguson signed into law Engrossed Substitute House Bill 1155 (the “Act”) that effectively bans almost all noncompetes for Washington-based employees and independent contractors.

More Changes Ahead? Virginia May Expand Noncompete Restrictions in July 2026

Daniel R. Levy, Eric I. Emanuelson, Jr., Gianna Dano — Tue, 17 Mar 2026 09:00:10 -0700

Virginia is poised to impose new limitations on the circumstances in which employers may restrict employees from working for a competitor or engaging in other competing business activities. As we reported in 2020, the Commonwealth first prohibited noncompete agreements for “low-wage” workers. Then as we reported in 2025, Virginia expanded those restrictions to prohibit noncompetes with employees who are entitled to overtime pay under the FLSA for any hours worked in excess of 40 hours in any one workweek (“non-exempt employees”).