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US District Court Sets Aside the FTC’s Noncompete Ban on a Nationwide Basis

On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule. “The Rule shall not be enforced or...more

US District Court Enjoins Federal Trade Commission’s Noncompete Rule For The Named Plaintiffs

On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements....more

The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more

The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar

On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an...more

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

The Federal Trade Commission Attempts to Ban Employee Noncompete Covenants

Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in...more

Top 10 Legal Challenges for Employers

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Federal Trade Commission to Vote on Proposed Noncompete Ban on April 23

On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete...more

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Hiring Company’s Remedial Measures Protect Against a Threatened Temporary Restraining Order

In June 2023, a federal judge in the Northern District of Illinois denied Aon Corp.’s request for a temporary restraining order against Alliant Insurance Services, Inc. and nine former Aon employees after they allegedly...more

FTC Proposes Rule Banning Use of Non-Compete Agreements in Employment

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from requiring workers to sign non-competes and require recission of existing non-competes. The FTC’s press release...more

DC Council Passes Bills Amending Non-Compete Ban

On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several...more

2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more

Supreme Court Blocks OSHA Vaccine/Testing Rule but Allows Health Care Vaccine Mandate To Proceed

On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more

Fifth Circuit Extends Stay of OSHA’s Vaccine/Testing Mandate

On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more

Attention Employers: OSHA Issues Emergency Temporary Standard on COVID-19 Vaccination and Testing

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more

OSHA COVID-19 Vaccine Rule Under Final White House Review

Large employers should soon have specific guidance on complying with the Occupational Safety and Health Administration (OSHA) vaccine and testing mandate. On September 9, President Biden announced that OSHA would issue an...more

Will Employees Come Back After COVID? Top Legal Considerations to Continue Remote Work [Audio]

In today's episode of the returning to work podcast series, Partner Brian Schneider and Associate Alexandra Romero discuss the following topics: * Managing and setting policies for remote working * Partial in-office...more

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Biden Administration Takes Early Action Focused on COVID-19 and Worker Health and Safety

On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic. The Order reflects President Biden’s promises...more

Mayor Muriel Bowser Signed the Ban on Non-Compete Agreements Amendment Act of 2020

On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020. Update: The law will now be published...more

COVID Vaccination and Returning to Work: What Employers Need to Know [Audio]

In light of the development of a COVID vaccine, employers across all industries are beginning to plan for their employees to return to the workplace. In today’s episode, Partner Brian D. Schneider and Associate Alexandra M....more

DC Council Passes Bill That Would Largely Ban the Use of Non-Competes in Employment

On December 15, 2020, the Council of the District of Columbia passed a bill that, if enacted into law, would largely ban employers from requiring their D.C. employees to sign non-compete agreements. If the bill is not...more

Department of Labor Issues Rule Clarifying Religious Exemptions for Government Contractors

On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more

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