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Restrictive Covenants Corporate Executives

Amundsen Davis LLC

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

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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

Fitch, Even, Tabin & Flannery LLP

IP Alert: FTC Announces Rule Banning Noncompetes

The Federal Trade Commission (FTC) recently issued a final rule that bans noncompete clauses (“noncompetes”) nationwide. The FTC believes the new rule will protect the ability of workers to change jobs, increase innovation,...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry

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On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers. The Rule will have practical implications on worker...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

Davis Wright Tremaine LLP

UPDATE: FTC Publishes Final Rule Banning Non-Competes: A Simple Explanation

Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

Fenwick & West LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Latham & Watkins LLP

FTC Issues Final Rule to Ban Most Non-Competes

Latham & Watkins LLP on

The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act. In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

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As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

Harris Beach PLLC

Summary of FTC’s Non-Compete Prohibition and Best Practices For The Business World

Harris Beach PLLC on

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the country. ...more

Foley & Lardner LLP

Non-Competes: What the FTC’s Rule May Mean for Health Care & Life Sciences Providers

Foley & Lardner LLP on

On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or...more

Kohrman Jackson & Krantz LLP

FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations

FTC RULE BANS NON-COMPETE CLAUSES FOR NON-SENIOR EMPLOYEES - Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit...more

King & Spalding

FTC Issues Near-Total Ban on Non-Competes in Final Rule, with a Narrow Exception for Existing Agreements with “Senior Executives”

King & Spalding on

On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements. The final rule bans all non-competes nationwide, including de facto non-competes,...more

Saiber LLC

FTC Issues Final Rule Banning Most Non-Competes In The Employer/Employee Context

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Following an Open Commission Meeting on April 23, 2024, the FTC issued a Final Rule rendering most non-compete agreements in the employer/employee context unenforceable. The Final Rule applies nationwide, to all employers...more

Foster Swift Collins & Smith

Federal Trade Commission Prohibits Noncompete Agreements for Almost All U.S. Workers, Legal Challenges Expected

The U.S. Federal Trade Commission (FTC) issued a final rule yesterday (April 23, 2024) to take effect in 120 days prohibiting most noncompete agreements between employers and workers...more

Benesch

The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

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The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more

Levenfeld Pearlstein, LLC

Common Governance Provisions in Accounting Firm Partnership Agreements

When it comes to accounting firm partnership agreements, governance is a key component. In this article, we discuss various governance provisions to consider when drafting an accounting firm partnership agreement....more

Benesch

Companies Beware - Colorado Continues its Assault on Restrictive Covenants

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Colorado enacted a restrictive covenant statute on March 1, 2022 that voided restrictive covenant agreements unless the agreements a) concerned the purchase and/ or sale of a business, b) were specifically designed to protect...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Rejects Employer’s Attempt to Block Executive’s Move to Rival Despite Non-Compete Agreement

As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more

Dentons

Where Did We Go Wrong? Planning for issues in employment agreements

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When drafting executive agreements, it is easy to focus almost exclusively on benefits and wages, the popular areas, without properly addressing some of the legal concerns that have grown over the last several years. Areas...more

Ward and Smith, P.A.

Food Giants Prepare for Battle Over Trade Secret Misappropriation

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On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

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