The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit.
In August 2024, mere days before the Final Rule was to take effect, Judge...more
2/20/2025
/ Amicus Briefs ,
Appeals ,
Department of Justice (DOJ) ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Rulemaking Process ,
Statutory Interpretation ,
Summary Judgment ,
Unfair Competition
After what must have been a grueling two-hour and 52-minute oral argument on the merits of a challenge to the FTC’s Final Rule banning noncompetes, Judge Timothy Corrigan of the United States Court for the Middle District of...more
As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The...more
5/20/2024
/ Amicus Briefs ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants