A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more
8/30/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Florida ,
FTC Act ,
Injunctions ,
Injunctive Relief ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action...more
Stemming a tide of Delaware decisions closely scrutinizing and refusing to enforce non-compete agreements, Delaware’s Supreme Court held that forfeiture-for-competition provisions arising out of a Delaware limited partnership...more
California’s Governor signed Assembly Bill (AB) 1076 on October 13, 2023, which adds new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions...more
The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more
2/8/2023
/ Antitrust Division ,
Department of Justice (DOJ) ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Unfair Competition
The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances....more
1/11/2023
/ Confidential Information ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Functionality ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Notice Requirements ,
OIRA ,
OMB ,
Proposed Rules ,
Rescission ,
Section 5 ,
Unfair Competition
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more
12/23/2021
/ Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Joe Biden ,
NLRA ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Sherman Act ,
Trade Secrets ,
Unfair Competition
“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more