The Future of Restrictive Covenants Under the Biden Administration
Restrictive covenants are enforced under the standards of reasonableness, recognizing the balance between protection and free competition. However, significant criticisms and issues such as unfair restrictions on employee mobility have aroused which prompted several states to pass legislation geared toward fostering workers’ welfare. In July 2021, President Biden also issued an Executive Order to promote fair competition and tasked the Federal Trade Commission (FTC) to curtail employers’ ability to use non-compete clauses and restrictive covenants.
With the shifting regulatory paradigm, employers and practitioners alike should carefully review their restrictive covenant agreements and stay in the loop with any forthcoming developments to ensure compliance and avoid legal risks.
Listen as experienced commercial litigators Jennifer Corinis (Greenberg Traurig, LLP) and Charles Galvin (Frost Brown Todd) provide a comprehensive discussion of the current and emerging regulatory trends on restrictive covenants under the Biden administration. Speakers, among other things, will offer practical tips and compliance strategies in this constantly changing legal landscape.
Field of Study: Personnel/ Human Resources
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Member Frost Brown Todd
Charles leverages his first-chair trial and appellate experience in courtrooms to achieve successful results in complex legal disputes. As part of Frost Brown Todd’s Business Litigation practice group, he regularly advises clients on issues regarding unfair competition and restrictive covenants. He has successfully litigated the enforcement of non-compete agreements in state and federal courts, from obtaining temporary restraining orders to trying cases all the way to verdict and through appeals. Some of his successes on behalf of clients have resulted in published decisions and been featured in Law 360.
Of Counsel Greenberg Traurig, LLP
Jennifer W. Corinis has deep trial and appellate experience, in both federal and state courts, focusing on claims of alleged individual and class discrimination, Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Rehabilitation Act of 1973, as well as complex medical malpractice and tort cases. Prior to joining the firm, Jennifer was an Assistant U.S. Attorney in the Middle District of Florida where she gained valuable courtroom experience—approximately a dozen trials and more than ten oral arguments before the Eleventh Circuit. Before joining the U.S. Attorney’s Office, Jennifer spent six years in private practice at two large Boston law firms, where she defended auditing firms in securities class actions, and participated in employment and intellectual property matters.
