Employment
August 4, 2026
Non-competes in 2026: what still holds up in court
The rules changed state by state. Here is what an enforceable restrictive covenant looks like today.
Written by
Sofia Marchetti
Partner
Article
Restrictive covenants have been narrowed by legislatures and courts alike. Enforceable agreements now share three traits.
They protect something specific
Trade secrets and customer relationships, not a general wish to avoid competition.
They are proportionate
Shorter durations, narrower geography and real consideration.
They are reviewed regularly
A covenant signed in 2019 may not survive a 2026 challenge. Review them with every promotion.
Talk to the author
Questions about
this?