Partner Carl Hittinger and Counsel Tyson Herrold co-authored an article for The Legal Intelligencer titled “Noncompete Agreements Are Still a Target of Federal Antitrust Scrutiny.” Published May 13, 2026, the article discussed how the Federal Trade Commission has used Section 5 of the Federal Trade Commission Act to challenge noncompetes across a wide spectrum of industries. The Department of Justice’s Antitrust Division is also focused on noncompetes when they restrict workers from changing jobs, confirming in effect that the government views noncompetes as an antitrust issue.
