Trade Secrets & Employee Mobility

As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes. 

The state’s new law renders void and unenforceable all covenants not to compete entered by employees or independent contractors on or after July 1, 2023.  The only exceptions are noncompetes in agreements relating to the sale or dissolution of a business. 

New York State may soon join the growing list of jurisdictions restricting or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting certain noncompete agreements.