On Feb. 26, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a “Directive Regarding Labor Markets Task Force” pursuant to which a Joint Labor Task Force is being organized consisting of the Directors of the...more
On Jan. 2, 2025, the Federal Trade Commission (FTC or Commission) filed its opening brief with the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission, the case in which the plaintiffs are...more
On Nov. 5, the Federal Trade Commission (FTC) filed its opening brief in its pending appeal in Properties of the Villages, Inc. v. FTC,No. 24–13102 (M.D. Florida). As previously reported, on Aug. 14, Judge Timothy Corrigan...more
On Oct. 18, the Federal Trade Commission (FTC) expectedly filed a notice of appeal to the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission. As has been previously reported, Judge Ada M. Brown in...more
In a decision on Aug. 20 impacting employers and employees nationwide, the U.S. District Court for the Northern District of Texas granted Plaintiff Ryan LLC’s motion for summary judgment, set aside the FTC’s Noncompete Rule...more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the...more
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
7/30/2024
/ Administrative Procedure Act ,
Chamber of Commerce ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Lack of Authority ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Summary Judgment ,
Unfair Competition
The Federal Trade Commission yesterday held an open meeting at which it voted to finalize and promulgate its long-anticipated rule that effectively bans noncompetes nationwide subject to only a few exceptions. The rule will...more
4/25/2024
/ CEOs ,
Chamber of Commerce ,
COOs ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The Federal Trade Commission announced yesterday that it will be holding a special Open Commission Meeting virtually next Tuesday, April 23, 2024, at 2 p.m. ET for purposes of voting on whether to issue a proposed final rule...more
In a prior post, we discussed the FTC’s recently-issued Proposed Rule that would, if finalized in its current form, and with only limited exceptions, prohibit employers from using non-compete clauses.
With respect the...more
As has been extensively reported, on January 5 the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would, with only limited exceptions, prohibit employers from using non-compete clauses. More...more