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Friday, January 2, 2026

Fast Pass Through the Employer’s Legal Landscape: Lap 1 - Ward and Smith, P.A.

During Ward and Smith’s annual Employment Law Symposium, several attorneys from the firm provided insightful guidance on recent issues that are top of mind for many employers.

The discussion featured a comprehensive overview on changes related to Immigration and Customs Enforcement (ICE), including strategies and procedures for handling an investigation, the legality of restrictive covenants, how to protect trade secrets, and DEI program compliance. (Ed. Note: See this article for the complete discussion strategies for Employers facing an ICE Investigation.)

Restrictive Covenants

Emily Massey, North Carolina State Bar Board Certified Specialist in Employment Law, noted that in the context of noncompete agreements at the federal level, a surprising recent development was the preservation of the status quo. “To provide some background, the FTC had passed a regulation banning most forms of noncompete agreements in the US. A federal judge in Texas halted the ban,” explained Massey.

The FTC appealed that decision under the previous administration. “It’s a little puzzling to us why the new administration hasn’t withdrawn the appeal and we think that will happen eventually, but we will provide updates through email,” commented Massey. Shortly after Massey’s talk, the Trump administration did in fact drop the appeal.

“From the perspective of the National Labor Relations Board, we think there will be less scrutiny on non-competes,” advised Massey. This is due to the fact that the...



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