News & Analysis as of

Split of Authority Federal Trade Commission (FTC)

Winstead PC

Lawsuits Lead to Inconsistent Judicial Rulings Regarding the FTC’s Noncompete Ban

Winstead PC on

Winstead’s Labor & Employment team previously reported that the Federal Trade Commission (“FTC”) issued its final rule largely banning noncompetes nationwide (“Rule”), spurring races to the courthouse in the federal district...more

BakerHostetler

Courts Split on FTC’s Authority to Issue Noncompete Rule

BakerHostetler on

July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC...more

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

FTC Noncompete Ban Rule Survives Challenge in Pennsylvania Federal Court, but Still Contested in Florida and Texas

On July 23, 2024, a judge in the U.S. District Court for the Eastern District of Pennsylvania denied a motion for preliminary injunction seeking to stay the effective date of the Federal Trade Commission’s (FTC) final...more

Saiber LLC

Collision Course: Texas and Pennsylvania Courts Trending Toward Potential Circuit Split on the Viability of the FTC Rule Banning...

Saiber LLC on

On April 23, the FTC issued a Final Rule banning non-compete agreements, subject to a few exceptions. The Final Rule is scheduled to go into effect on September 4. ...more

Venable LLP

Potential Changes Coming to Labor and Employment Laws for Employers to Watch in 2023

Venable LLP on

If there's one thing employers can be sure of from one year to the next, it's that the laws and regulations governing their workplace and workforce are likely to change and develop, at least to some extent. Whether big or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss all 50 states now having data breach notification laws, state attorneys general and their opposition to a federal data breach notification law, the FBI...more

Latham & Watkins LLP

Ninth Circuit Nixes Immediate Appeals of Denials of State Action Immunity

Latham & Watkins LLP on

Decision from largest judicial circuit establishes majority position that denials of state action immunity are not immediately appealable collateral orders. On June 12, 2017, the US Court of Appeals for the Ninth Circuit...more

WilmerHale

The VPPA and PII: Is Geolocation Another Anonymous Identifier?

WilmerHale on

Video Privacy Protection Act - This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more

McNees Wallace & Nurick LLC

Courts Send Mixed Messages on Standing for Plaintiffs in Data Breach Litigation

New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

McDermott Will & Emery

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

McDermott Will & Emery on

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

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