Client Alert: Biden Administration Announces Plans to Curtail Non-Compete Agreements for Workers

On Friday, July 9, 2021, President Biden signed a sweeping Executive Order with the stated purpose of seeking to increase competition in the American economy and counter corporate consolidation. The Executive Order is a further signal that the Biden administration intends to take an aggressive view of federal antitrust laws, with the intent of increasing competition in the labor market. Specifically, the Executive Order directs the Federal Trade Commission to issue rules curtailing the “use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” As we discuss below, the new Executive Order is an extension of the existing trend of enforcement against other restrictive agreements like anti-poaching agreements. Employers should consider what actions they should take to prepare for possible regulatory changes.

To read the full client alert, please click here.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client Alert: Biden Administration Announces Plans to Curtail Non-Compete Agreements for Workers

On Friday, July 9, 2021, President Biden signed a sweeping Executive Order with the stated purpose of seeking to increase competition in the American economy and counter corporate consolidation. The Executive Order is a further signal that the Biden administration intends to take an aggressive view of federal antitrust laws, with the intent of increasing competition in the labor market. Specifically, the Executive Order directs the Federal Trade Commission to issue rules curtailing the “use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” As we discuss below, the new Executive Order is an extension of the existing trend of enforcement against other restrictive agreements like anti-poaching agreements. Employers should consider what actions they should take to prepare for possible regulatory changes.

To read the full client alert, please click here.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Publications

Meghan Greenfield Discusses Top Environmental Policies to Watch in Law360

Partner Meghan Greenfield spoke to for an article highlighting the key environmental regulatory developments expected in the second half of 2026. Meghan discussed the legal reasoning the agency may rely on as it considers further rulemaking addressing greenhouse gas pollution, and hurdles the agency may face. 

July 22, 2026

Publications

Partner Meghan Greenfield Quoted in The Associated Press on Offshore Wind and National Security

Partner Meghan Greenfield spoke with The Associated Press for an article examining the Trump Administration's use of national security justifications to halt offshore wind development.

July 21, 2026

Podcasts

Partner Laurel Loomis Rimon Discusses Fintech Enforcement, Debanking, and Regulatory Risk on Fintech Layer Cake Podcast

Partner Laurel Loomis Rimon was featured on the Fintech Layer Cake podcast, where she discussed how fintech enforcement and prosecution actually work in practice, and what exposes fintechs and banks to regulatory risk.

July 15, 2026

Event

Partner Suedeen Kelly to Speak at ABA SEER's 34th Fall Conference

On Thursday, October 15, Partner Suedeen Kelly will speak on a panel at the American Bar Association's Section of Environment, Energy, and Resources (ABA SEER) 34th Fall Conference in Albuquerque, New Mexico.

October 15, 2026

Publications

Supreme Court Clarifies Scope of Private Rights of Action Under the Investment Company Act, Private Equity Law Report

Partners Charles Riely, Todd C. Toral, and Martin Glass authored a guest article for Private Equity Law Report examining the US Supreme Court's June 11, 2026, ruling on the scope of private rights of action under the Investment Company Act of 1940.

July 14, 2026