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Non-Compete Agreements › Competition › Unfair Competition

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... more +
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 -
Troutman Pepper

States' Action Still Viable Despite Ban of FTC Noncompete Rule

Troutman Pepper on

The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Troutman Pepper

FTC Noncompete Rule Risks a Wave of State AG Actions

Troutman Pepper on

On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

Seyfarth Shaw LLP

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

Seyfarth Shaw LLP on

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

Cranfill Sumner LLP

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

Cranfill Sumner LLP on

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

Smith Anderson on

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

Hendershot Cowart P.C.

Does the FTC Non-Compete Ban Apply to Non-Solicitation Clauses Too?

Hendershot Cowart P.C. on

Does the Federal Trade Commission’s (FTC) ban on non-compete clauses apply to non-solicitation clauses? It depends. The FTC ban on non-compete clauses can apply to non-solicitation agreements. However, only those that are so...more

Patterson Belknap Webb & Tyler LLP

FTC Approves Final Rule Banning Non-Compete Clauses

Patterson Belknap Webb & Tyler LLP on

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more

Otten Johnson Robinson Neff + Ragonetti PC

The FTC Bans Non-Compete Agreements – What You Need to Know

Otten Johnson Robinson Neff + Ragonetti PC on

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more

Mandelbaum Barrett PC

The Death Knell for Noncompetes as We Know Them

Mandelbaum Barrett PC on

Those in the greater New York metropolitan area felt an earthquake a few weeks ago.  There was a much stronger one that will be felt for years to come across the United States.  It resulted from the Non-Compete Clause Final...more

Ervin Cohen & Jessup LLP

FTC Issues Nationwide Ban on Most Non-Compete Agreements

Ervin Cohen & Jessup LLP on

The Federal Trade Commission recently issued a final rule largely banning the use of non-compete agreements nationwide. The stated purpose of the rule is to address the substantially increased harm non-compete agreements have...more

Shutts & Bowen LLP

FTC Issues Final Rule Banning Most Non-Compete Agreements

Shutts & Bowen LLP on

On April 23, 2024, the Federal Trade Commission, by a vote of 3-2, issued a Final Rule concerning unfair methods of competition and non-compete agreements. The Rule will become effective 120 days after its publication in the...more

Holland & Knight LLP

The FTC Issued a New Rule to Ban All New Noncompete Agreements

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC Issued a New Rule to Ban All New Noncompete Agreements," consumer protection attorney Anthony DiResta examines the Federal Trade Commission's new rule...more

Dickinson Wright

FTCはほとんどの競業避止義務から従業員を解放したが、禁止はどこまで続くのでしょうか？

Dickinson Wright on

連邦取引委員会（以下「FTC」）は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則（以下「最終規則」）を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後（「発効日」）であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...more

Jenner & Block

FTC Votes to Effectively Ban Noncompete Agreements

Jenner & Block on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that effectively bans most noncompete agreements in the United States. The FTC’s rule is scheduled to go into effect 120 days after it is...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

Parker Poe Adams & Bernstein LLP on

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Carr Maloney P.C.

FTC Issues Final Rule Banning Most Non-Compete Agreements

Carr Maloney P.C. on

By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements.  The final rule is scheduled to go...more

Poyner Spruill LLP

FTC Non-Compete Ban: What Employers Need to Know

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Effective Date: 120 days after the final rule is published in the Federal Register, likely in late August or early September 2024....more

Dickinson Wright

美国联邦贸易委员会宣布员工将不受大部分竞业条款的限制 – 禁令的范围是什么？禁令会持续多久？

Dickinson Wright on

FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more

Morrison & Foerster LLP

Potential Exceptions Under FTC’s Non-Compete Ban

Morrison & Foerster LLP on

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

Keating Muething & Klekamp PLL

Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements

Keating Muething & Klekamp PLL on

Yesterday, the Federal Trade Commission (“FTC”) announced its long-anticipated final rule finding that the vast majority of non-compete agreements constitute unfair methods of competition, and are thus invalid. An estimated...more

Pillsbury - CommLawCenter

Heard About the FTC’s Ban on Non-Competes? The Truth Is Worse

Pillsbury - CommLawCenter on

On Tuesday, the Federal Trade Commission announced a new rule banning employee non-compete agreements, treating them as harmful and an “unfair method of competition.”  This includes non-competes in the broadcast industry,...more

Bradley Arant Boult Cummings LLP

The FTC Has Banned Non-Competes: What Do Employers in the Energy Space Do Now?

Bradley Arant Boult Cummings LLP on

When is the FTC’s rule effective? The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is...more

Cadwalader, Wickersham & Taft LLP

FTC Adopts Broad Ban on the Use of Non-Compete Clauses in Employment Agreements

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The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition: With respect to a worker other than a senior executive: To enter into or attempt to enter into a...more

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