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Stop the Notices to Employees: FTC Noncompete Rule Vacated Nationwide

Texas District Judge Ada Brown issued a decision on August 20 in response to competing motions for summary judgment filed by Ryan LLC, the U.S. Chamber of Commerce and the FTC in a case that challenged the FTC’s authority to...more

The Second Decision Is In: PA Court Finds FTC Noncompete Rule Enforceable, Creating Conflicting Decisions and Uncertainty

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania issued a decision in ATS Tree Services, LLC v. FTC, which held that the Federal Trade Commission (FTC) had the authority to issue its...more

The First Ruling Is In: FTC Noncompete Rule Enjoined - But No Nationwide Impact

Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more

FTC Issues Final Rule Banning Non-Competes

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more

Members of the New York City Council Introduce Three Bills Seeking To Restrict Employers’ Use of Non-Competes

Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more

Alternatives to Noncompetes: Intellectual Property Alternatives to Noncompetes [Audio]

Intellectual Property Alternatives to Noncompetes is Part Three of BakerHostetler's three-part series, "Alternatives to Noncompetes.” Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more

Alternatives to Noncompetes: Employment Law Alternatives to Noncompetes [Audio]

Employment Law Alternatives to Noncompetes is Part Two of BakerHostetler's three-part series, "Alternatives to Noncompetes.” Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more

Alternatives to Noncompetes: Current Developments in Regulating Noncompetes [Audio]

Current Developments in Regulating Noncompetes is Part One of BakerHostetler's three-part series, "Alternatives to Noncompetes.” Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more

New York Legislature Approves Ban on All Noncompetes

New York is now the only purely common law state in the country without any statutory guidelines governing both post-employment noncompetes and trade secrets. But that may be about to change. The New York State Legislature...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Future Shock: How To Protect Trade Secrets when Noncompetes...

Future Shock: How to Protect Trade Secrets When Noncompetes Become Truly Disfavored is the sixth and final installment of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Legislating Fairness: The National Movement Toward Legislation...

Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: The Defend Trade Secrets Act - Five Years After

The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Yesterday, Today, Tomorrow

Yesterday, Today, Tomorrow is Episode one of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

New Executive Order Targeting Noncompete Agreements Foreshadows Significant Issues for Employers

On July 9, 2021, President Biden issued a sweeping Executive Order aimed at promoting competition in the American economy. Within the Executive Order, President Biden specifically encourages the Federal Trade Commission (FTC)...more

Are Your Employment Practices Compliant With Antitrust and Non-Compete Laws?

Introduction - A recent confluence of federal antitrust enforcement, state legislation and the Biden administration’s focus on labor markets has prompted many companies to revisit both their antitrust and human resource (HR)...more

Litigating in a Pandemic: Tips on Dealing with the New Abnormal

In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...more

Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme...

On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or...more

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