As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule...more
8/22/2024
/ Administrative Procedure Act ,
Chamber of Commerce ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more
4/26/2024
/ Constitutional Challenges ,
Defend Trade Secrets Act (DTSA) ,
Federal Trade Commission (FTC) ,
Former Employee ,
New Rules ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
A recent decision in the North Carolina Business Court could have significant implications on non-competition covenants in employment agreements that contain a very common automatic renewal term. The decision, if followed by...more
The North Carolina Supreme Court recently reaffirmed that the power of North Carolina courts to “blue pencil” restrictive covenants is extremely limited, even when an agreement purports to give a court express authority to...more