- within Intellectual Property topic(s)
- within Compliance and Consumer Protection topic(s)
- with readers working within the Healthcare industries
To kick off the 2026 Trade Secrets Webinar Series, Seyfarth's Trade Secrets, Computer Fraud & Non-Competes practice group presented 2025 Year in Review: Trade Secrets, Computer Fraud & Non-Competes, a timely discussion examining the most significant legal developments from 2025 and their implications for employers moving forward.
Seyfarth partners Michael Wexler, Dawn Mertineit, and Robyn Marsh provided a comprehensive review of key cases, legislation, and enforcement trends impacting trade secrets, restrictive covenants, and computer fraud at both the federal and state levels. Tailored for general counsel, employment counsel, IP counsel, and HR professionals, the program offered practical guidance for navigating risk and strengthening protections in an increasingly complex regulatory environment.
View the Recording – CLE credit for this recording expires on January 28, 2027.
Key Takeaways
- While the FTC non-compete ban is dead, overbroad covenants are still subject to FTC and DOJ scrutiny, particularly in certain industries such as healthcare.
- State laws continue to create a patchwork of specific rules regarding wage thresholds, choice of law/forum requirements, and more, all of which must be considered when drafting agreements for employees in multiple jurisdictions. Several states have additional bills being considered, including state non-compete bans or industry-specific bans.
- Protecting the secrecy of confidential information and moving promptly to address any theft of such information is more important than ever, as courts closely scrutinize misappropriation claims
Looking Ahead
As the legal landscape governing employee mobility and information protection continues to shift, the themes from 2025 remain consistent: thoughtful drafting, state-specific compliance, and proactive enforcement are critical. Employers that regularly audit their agreements, safeguard confidential information, and stay attuned to regulatory developments will be best positioned to mitigate risk in 2026 and beyond.
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For a tailored approach, our attorneys are available to discuss presenting personalized presentations to your company. Stay well-informed on non-compete laws with our recently updated 50 State Non-Compete Desktop Reference. Subscribe to our Trading Secrets blog, where we delve into topics and issues related to trade secrets and non-competes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
