06/02/2026
In April, Managing Member Nicole Galli once again joined a panel discussion on Key Considerations in Restrictive Covenant Litigation in 2026 at the Practicing Law Institute’s Fundamentals of Noncompetes 2026 in New York City. Here are some key takeaways:
The 2025 FTC decision on non-competes is no longer in effect. The law governing non-compete agreements continues to evolve, particularly as states take their own paths in restricting or, at times, broadening parties' rights to enforce such covenants. Individuals seeking to litigate these agreements should remain keenly aware of these changes — especially as early as the pleading stage.
Determining whether you can or should enforce a non-compete involves more than simply assessing whether it's enforceable. It is also important to also consider the effect non-competes will have on your employees and the court of public opinion.
Confidentiality agreements are a type of restrictive covenant — even without a non-compete, one must be careful not to read (and enforce) a confidentiality provision so broadly as to effectively bar an employee from taking any new employment with a competitor.