On Spilling Secrets, our podcast series on the future of non-compete and trade secrets law, we discuss the pivotal shifts in non-compete regulation in 2025, from the new administration’s impact on federal enforcement to significant state-specific legislative updates.
The landscape of restrictive covenants transformed in 2025, driven by a new administration’s approach to federal oversight and decisive legislative action at the state level. Employers now face a complex environment where broad federal bans have stalled, but state-specific regulations—and opportunities—are rapidly evolving.
Key Takeaways for Employers:
- Federal Enforcement Continues: The Federal Trade Commission (FTC) is still challenging unreasonable non-compete agreements despite withdrawing its nationwide ban appeal.
- Florida Favors Employers: Florida solidified its position as an employer-friendly jurisdiction with the new Contracts Honoring Opportunity Investment Confidentiality and Economic Growth Act, which explicitly permits restrictive covenants lasting up to four years.
- State Laws Evolve: Key state-level non-compete bills are pending in Illinois, Washington, and New York—employers should stay updated.
Epstein Becker Green attorneys Daniel R. Levy, Carolyn O. Boucek, and David J. Clark break down these critical developments in this episode of Spilling Secrets.
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About the Spilling Secrets Podcast
Tune in to Spilling Secrets, a podcast series on the future of trade secrets and non-compete law.
Each episode features an all-star panel of attorneys talking about real-life problems, developments, and strategies when dealing with trade secrets, non-competes, and other types of restrictive covenants.
Subscribe for Spilling Secrets email notifications, and listen on Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.