Note · February 17, 2026 · 5 min

Non-Compete Doctrine After the Circuit Decisions

Recent appellate decisions have clarified the legal status of the FTC non-compete rule. Employers should review existing agreements.

Recent appellate-court decisions have clarified the legal status of the FTC non-compete rule, though the picture remains complex. Some circuits have upheld key provisions; others have remanded for further consideration. The patchwork creates immediate operational questions for employers with workforces across multiple jurisdictions.