As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more
8/22/2024
/ Administrative Procedure Act ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Permanent Injunctions ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more
7/12/2024
/ Chamber of Commerce ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Risk Management ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission voted 3-2 to publish a proposed final rule that would ban nearly all worker non-competes. If the proposed final rule goes into effect, it will present a major legal change...more
Under the Biden administration, administrative agencies have taken aggressive action attempting to banish non-competes and similar agreements from the workplace. On January 5, 2023, the Federal Trade Commission (“FTC”)...more
On January 5, 2023, the Federal Trade Commission ("FTC") issued a Notice of Proposed Rulemaking proposing a "Non-Compete Clause Rule." If the proposed rule goes into effect as drafted, it would ban employers across the...more
The North Carolina Court of Appeals recently concluded that $100 is sufficient consideration for the execution of a mid-employment non-compete. Employment Staffing Group v. Little, 777 S.E.2d 309 (N.C. Ct. App. 2015). Monica...more
Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete...more