News & Analysis as of

Summary Judgment Non-Compete Agreements

Porter Hedges LLP

UPDATE: FTC Non-Compete Ban Blocked by Federal Judge in Texas

Porter Hedges LLP on

As we predicted back in our May post, the sky is not falling in the world of non-compete agreements. After the Federal Trade Commission (“FTC”) issued its controversial final rule on April 23, 2024, which voided existing...more

FordHarrison

Federal District Court Blocks FTC's Noncompete Rule

FordHarrison on

Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more

Proskauer - Law and the Workplace

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the...more

Holtzman Vogel Baran Torchinsky & Josefiak

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

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Stevens & Lee

Headed to the Finish Line – The FTC’s Noncompete Rule

Stevens & Lee on

On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,...more

Proskauer - Law and the Workplace

Texas Federal Court Denies Request to Expand Scope of Injunction Staying Federal Trade Commission’s Non-Compete Rule

In a motion for reconsideration filed on July 10, 2024, the plaintiffs in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex. Apr. 23, 2024) urged the court to expand the scope of its limited preliminary...more

Seyfarth Shaw LLP

Lawsuits Filed To Block FTC’s Non-Compete Ban

Seyfarth Shaw LLP on

At least three lawsuits have now been filed against the FTC to block implementation of its new rule to ban non-competes....more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

McGlinchey Stafford

Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

McGlinchey Stafford on

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more

Lathrop GPM

Eleventh Circuit Affirms Dismissal of Boycott Conspiracy Claim Against Heavy Equipment Dealers

Lathrop GPM on

The Eleventh Circuit Court of Appeals has recently affirmed a summary judgment order dismissing all claims by an importer of new Chinese construction equipment alleging a conspiracy to boycott and tortious interference with...more

Lathrop GPM

Minnesota Bankruptcy Court Enjoins Franchisee’s Breach of Post-Termination Noncompete

Lathrop GPM on

A Minnesota bankruptcy court granted Fantastic Sams summary judgment and enjoined a former franchisee from violating the post-termination noncompete in its franchise agreements after the franchisee rejected the agreements in...more

Hendershot Cowart P.C.

I Received a Cease-and-Desist Letter – What Should I Do Next?

Hendershot Cowart P.C. on

A cease-and-desist letter is a warning to businesses or individuals to stop certain harmful actions. The letter may even threaten legal action if the recipient does not comply. If you receive a cease-and-desist letter,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Jackson Lewis P.C.

North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer And Former Employee

Jackson Lewis P.C. on

When one thinks of a “reasonable” temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades. But as a recent North Carolina decision reminds us,...more

Rivkin Radler LLP

The Employment Law Reporter

Rivkin Radler LLP on

Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

FordHarrison

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Rosenberg Martin Greenberg LLP

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Parker Poe Adams & Bernstein LLP

N.C. Court of Appeals Voids Noncompete With Specialized Physician

In addition to the typical reasonableness argument and other defenses against the enforcement of employment noncompetition covenants, in some cases courts will invalidate these agreements based on a public policy argument....more

Lewitt Hackman

FRANCHISEE 101: Cannabiz Accounting

Lewitt Hackman on

Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more

Orrick - Trade Secrets Group

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

On December 8, 2017, the Eighth Circuit rejected trade secrets and other claims related to allegedly stolen customer lists. Applying Missouri state law, the federal appellate court continued the Show-Me State’s tradition of...more

Dorsey & Whitney LLP

Seventh Circuit Rules that Company’s Distributor Is Not its Competitor

Dorsey & Whitney LLP on

The sale of a business virtually always involves a promise by the seller not to engage in competition with the purchaser, within certain time and geographic parameters. Frequently, such agreements contain robust prohibitions...more

Mintz

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

Mintz on

A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

Seyfarth Shaw LLP

Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities

Seyfarth Shaw LLP on

A Texas Court of Appeals affirmed a summary judgment last month in favor of an ex-employee declaring that a noncompete clause in an asset purchase agreement and separate noncompete agreement did not bar him from competing...more

Winstead PC

Court Reverses Judgment Dismissing Breach Of Fiduciary Duty Claim Because No-Evidence Summary Judgment Motion Was Not Sufficiently...

Winstead PC on

In Tex v. Iom, a former employer sued a former employee based on a covenant not to compete and breach of fiduciary duty and sued the new employer for tortious interference. No. 12-14-00254-CV, 2016 Tex. App. LEXIS 7317 (Tex....more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide