In this episode of the Fairly Competing podcast, recorded on December 19, 2025, Ben, Russell, guest Sarah Tishler and I examine the significant developments in trade secret and restrictive covenant law in 2025, make some predictions about what to expect in 2026, and provide some practical takeaways.
The episode covers the sharp shift in federal noncompete policy, highlighting how the FTC and NLRB moved from pursuing sweeping nationwide bans to a strategy of individualized enforcement actions, with the FTC particularly targeting the healthcare and staffing industries. At the state level, Ben, Russell and I identify the continuing wave of new legislation — most notably Florida’s “CHOICE Act,” which dramatically strengthened noncompete enforceability, contrasting sharply with stricter trends in states like California, Wyoming, and many others. The discussion then turns to a deep dive into AI-driven trade secret litigation with Sarah and concludes with a review of high-profile and high-stakes trade secret disputes and their implications for litigation moving forward.
So, come join us on Spotify or Apple Podcasts or YouTube.
Trade Secrets & Restrictive Covenants: 2025 Recap, 2026 Outlook (Fairly Competing, Episode 28)