News & Analysis as of September 21, 2024

Non-Compete Agreements › Comment Period

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2024

On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was...more

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

Faegre Drinker Biddle & Reath LLP on 4/18/2024

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

FDIC Updates Bank Merger Guidance to Include Non-Compete Ban

Seyfarth Shaw LLP on 4/11/2024

On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on Bank Merger Transactions. Among the...more

FDIC Looks to Ban Non-Competes in Bank Mergers

BakerHostetler on 4/8/2024

The ever-growing pool of Washington alphabet soup agencies targeting the use of employee non-competes has expanded and now includes — along with the FTC and NLRB – the Federal Deposit Insurance Corporation (FDIC)....more

FDIC Seeks to Restrict Noncompete Agreements in Bank Mergers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/3/2024

On March 21, 2024, the FDIC unveiled proposed revisions to its Statement of Policy (SOP) on Bank Merger Transactions, which was last amended in 2008. The revisions would increase scrutiny of bank mergers, particularly mergers...more

FTC Noncompete Ban Could Open State Litigation Floodgate

Troutman Pepper on 5/2/2023

On Jan. 5, the Federal Trade Commission issued a notice of proposed rulemaking that, if adopted as final, would ban virtually all noncompete agreements nationwide between employers and employees. Noncompetes that would be...more

Comments Opposing FTC’s Proposed Rule Submitted

Franczek P.C. on 4/26/2023

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule which, if adopted, would ban U.S. employers from using non-compete agreements. In its notice of proposed rulemaking (“NPR”), the FTC sought public...more

Questions Surround Federal Trade Commission’s Authority to Issue Non-Compete Clause Rule

McGuireWoods LLP on 4/21/2023

With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more

Today’s the Day: Deadline to Submit Comments to the FTC

Seyfarth Shaw LLP on 4/20/2023

For those interested in commenting on the FTC’s proposed rule banning nearly all non-competes, today, April 19, is your deadline to do so!...more

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Bass, Berry & Sims PLC on 4/13/2023

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

Policy Matters Newsletter - April 2023

Seyfarth Shaw LLP on 4/12/2023

More Fallout From The FTC Proposed Noncompete Rule. As Seyfarth summarized here, and we podcasted and summarized here, the FTC has published a proposed rule which would ban all non-compete agreements between employers and...more

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Parker Poe Adams & Bernstein LLP on 4/7/2023

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

FTC Seeks Public Comment on Potential Franchise Rule

Troutman Pepper on 3/27/2023

The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise...more

FTC Extends Comment Period on Proposed Ban of Noncompete Agreements

Troutman Pepper on 3/23/2023

The Federal Trade Commission (FTC) continues to pursue its campaign against noncompete clauses. On January 5, the FTC voted 3-1 to publish a notice of proposed rulemaking, which, if implemented, would bar employers from...more

Federal Trade Commission Extends Public Comment Period for Proposed Rule Banning Employee Non-Competition Clauses

Sands Anderson PC on 3/22/2023

Earlier this month, the Federal Trade Commission (FTC) voted 4-0 to extend its March 20th deadline for public comments on its controversial proposed rule to ban employee non-competition clauses (non-competes). The Commission...more

FTC Extends Comment Period for Proposed Ban of Noncompete Agreement

Cranfill Sumner LLP on 3/16/2023

As our firm first reported on January 9, 2023, the Federal Trade Commission is currently accepting comments for its proposed ban of employment noncompete agreements. In light of more than 8,800 comments received to date, and...more

FTC Announced New Extension Date for Commentary on Proposed Rule Barring Non-‎Competes

Schwabe, Williamson & Wyatt PC on 3/13/2023

On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees...more

FTC Extends Comment Deadline on Noncompete Rule

Brownstein Hyatt Farber Schreck on 3/8/2023

Comments on the Federal Trade Commission’s proposed noncompete clause rulemaking will now be accepted until April 19. The FTC voted 4-0 yesterday to extend the public comment window by roughly 30 days; it was initially set to...more

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Jenner & Block on 3/7/2023

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th

Seyfarth Shaw LLP on 3/7/2023

The FTC announced yesterday that it was extending the deadline to submit public comments on its proposed rule banning employment non-competes. ...more

Answers to Five FAQs About the FTC’s Proposed Non-Compete Ban

Tucker Arensberg, P.C. on 2/28/2023

Q: What is the FTC, and why is my non-compete agreement any of its business? A: The FTC is short for the Federal Trade Commission, the agency responsible for regulating, among other things, unfair methods of competition...more

Businesses Have About a Month Left to Submit Comments on the FTC’s Proposed Non-Compete Clause Rule

Fisher Phillips on 2/22/2023

Employers have about a month left if they want to submit a formal comment to the federal government about the proposal that would ban most noncompetition agreements and force you to rescind existing agreements – but should...more

FTC Holds Public Forum Examining Proposed Rule to Ban Noncompete Clauses and Business Organizations Sharply Criticize It

Seyfarth Shaw LLP on 2/20/2023

On February 16, 2023, the FTC hosted a public forum for the purpose of examining the proposed rule banning non-compete agreements. The agenda included, among other things, opening remarks from Chair Kahn, an overview of the...more

FTC Non-Compete Ban: Don’t Panic! (But Be Prudent and Prepare)

Womble Bond Dickinson on 2/3/2023

On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more

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Non-Compete Agreements › Comment Period

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