Noncompete Agreements Under Attack: What to Know and How to Protect Your Trade Secrets

Business litigation partners Ryan Hurley and Harmony Mappes coauthored part one of a two-part series for Indiana Lawyer regarding non-compete agreements. The article provides insight on recent developments restricting the use of non-competes.

The authors explain that businesses routinely use non-compete agreements to protect their most valuable assets, including trade secrets; however, non-compete agreements are increasingly under attack, at both the state and federal level. They note that, while state statutes imposing limits on non-compete agreements are increasingly prevalent, Indiana has not entered the fray.

Hurley and Mappes highlight that, while an Indiana statute on non-compete agreements may not be likely in the near term, employers should be aware of the potential for change at the federal level. They share that, since 2015, several bills have been introduced that would ban or place significant limits on the use of non-compete agreements and that reform of some sort seems likely.

Part two will focus on how the increased scrutiny on non-compete agreements may impact trade secret protection, particularly in the remote and hybrid work environments.

The full article is available for Indiana Lawyer subscribers.