Where We Excel

Vinson & Elkins’ employment lawyers are experienced and well-versed in structuring restrictive covenant regimes, providing counsel with respect to non-competition, non-solicitation, and confidential information-related matters, and litigating employee unfair competition matters.

We have earned a strong reputation for our knowledge of choice-of-law principles, offensive and defensive litigation strategies, practical guidance, and familiarity with the many state law principles that national and international employers must consider. In an age of increased employee mobility, these skills can be integral to building and maintaining a business.

We have considerable experience working with private equity sponsors, start-up entities, and mid- and large-cap companies across a range of industries. We counsel clients at the company acquisition and management team investment phase, upon separations from employment, and after the employment relationship ends.

Clients have come to rely on our team to resolve these often fast-paced and complex issues expeditiously and count on our sophisticated knowledge of restrictive covenant regime drafting, negotiation, enforcement, and litigation to protect their investments.

Experience

  • (Mich. Cir.); (Ga. Super.); (Tex. Dist.) – Obtained temporary restraining orders in Michigan and Georgia and final order in Texas enforcing terms of non-competition agreements for  legal education provider against its primary competitor and prior employees

  • (Tex. Dist.) — Defeated application for temporary restraining order against our clients, an executive and the start-up company with which he was affiliated, and obtained the prompt dismissal of the underlying breach of contract lawsuit after successfully challenging the enforceability of the non-competition clauses at issue

  • Obtained a preliminary injunction, following a three-day trial, which prevented a former Chief Executive Officer from establishing a competing business with his former company, which our client had just bought. Following entry of the injunction, negotiated a favorable settlement which included repayment of the CEO of a substantial portion of the consideration that had been paid for his former company

  • Obtained a temporary restraining order against two former employees that restricted those employees from using our client’s confidential information in the establishment of a competing business. After obtaining the restraining order, negotiated a settlement which extended its terms and required the employees to make restitution of six months’ pay

  • Obtained judgment against a former employee of our client who breached non-competition obligations by establishing a rival marketing business; judgment included court order requiring disgorgement of proceeds obtained in violation of non-competition agreement

  • Defeated motion for preliminary injunction on behalf of a software company in a case that alleged tortious interference with advantageous business relationships and sought to prevent two of our client’s senior employees from engaging in sales efforts that allegedly violated their non-competition obligations

  • Obtained federal bankruptcy court judgment that non-competition agreement was not an executory agreement that could be discharged (and thus disregarded) by a former employee who had entered bankruptcy proceedings

  • Obtained judicial enforcement of non-competition and non-solicitation agreements that former executives had entered with our software industry client

  • Represented an international credit card and banking company in the drafting and enforcement of its employees’ non-competition and non-solicitation covenants throughout the United States, Europe, and Asia

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“No More Non-Competes,” Part Five: FTC Abandons Rule Prohibiting Non-Compete Agreements but Advances Targeted Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) formally abandoned its efforts to enforce a Biden-era final rule (“Rule”) implementing a blanket ban on most employee non-compete agreements. Instead, the FTC signaled its intent to challenge non-compete agreements on a case-by-case basis. To that end, the FTC announced an enforcement action challenging one company’s non-compete agreements, published a request for information (“RFI”) seeking the public’s input on non-compete provisions, sent warning letters to several health care companies regarding their employment agreements, and announced a future workshop on this subject. Together, these actions could mark the beginning of a new, more targeted enforcement landscape and create new uncertainties for employers on the legality of non-compete agreements.

October 1, 2025

October 1, 2025 • 3-minute read

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Client Alerts

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”).

April 23, 2025 • V&E Antitrust Update

April 23, 2025 • 2-minute read

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Client Alerts

Should I Stay or Should I Go? NLRB General Counsel Takes Aim at “Stay-or-Pay” Provisions

In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act (“NLRA”) (as discussed here) by restricting employee mobility. Now, in an October 7, 2024, memorandum (GC 25-01), the General Counsel has expanded on the topic of employee mobility by targeting “stay-or-pay” provisions.

October 18, 2024

October 18, 2024 • 4-minute read

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Client Alerts

Vinson & Elkins’ Quarterly Securities & ESG Updates – Fall 2024

Welcome to Vinson & Elkins’ Securities and ESG Updates.

October 17, 2024 • V&E Securities & ESG Update

October 17, 2024 • 2-minute read

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Client Alerts

“No More Non-Competes,” Part Four: Texas Federal District Court Blocks FTC Noncompete Rule on Nationwide Basis

On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting non-competition agreements.

August 21, 2024 • V&E Antitrust and Labor & Employment Update

August 21, 2024 • 2-minute read

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Event Recaps

Redefining Agency Power: The Impact of the Supreme Court’s Decisions in Jarkesy, Loper Bright, and Corner Post

Attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices explored how these landmark rulings affect administrative law and practice and what comes next.

July 11, 2024

July 11, 2024 • 1-minute read

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Client Alerts

“No More Non-Competes,” Part Three: Texas Judge Issues Limited Order Partially Blocking FTC Noncompete Rule

As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers (“FTC Rule”).

July 8, 2024 • V&E Antitrust and Labor & Employment Update

July 8, 2024 • 7-minute read

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