Restrictive covenants: emerging issues, judicial trends and employer strategies for 2026
February 26, 2026 – IAMHerrick partner, John H. Chun, and law clerk, Elizabeth A. Woods, authored an article for IAM discussing the Federal Trade Commission's ("FTC") 2025 decision to abandon its nationwide ban on non-compete agreements. Since the FTC is still pursuing case-by-case enforcement, the Herrick team discusses what steps employers can take to ensure their restrictive covenants remain compliant in 2026.
The article noted that "the developments of 2025, specifically robust state legislative activity and the FTC's enforcement pivot regarding non-competes, have set the stage for 2026 to be a year of implementation, clarification and strategic adaptation. Broad prohibitions and limitations on non-competes in many states mean that companies need to be more versatile in protecting their trade secrets, including relying on trade secret law as an important mechanism for protecting proprietary information."
Read the full article in IAM here. Access may require a subscription.