James Billings-Kang co-authored an article about how the recent legal developments should encourage employers to scrutinize their restrictive covenants, focusing on necessary modifications to ensure enforceability. Law are usually not static, and in the realm of restrictive covenants, change abounds. Congress continues to threaten the viability of non-compete clauses, state attorneys general - flanked by academics, labor unions, and other advocates - have applied to pressure on the FTC to promulgate rules banning non-competes, and state legislatures hope to stifle their reach.
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