The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more
The Federal Trade Commission (FTC) will continue its focus on “unfair” competition in the labor markets – including the use of noncompete, no-poach and no-hire agreements – albeit with a seemingly more targeted approach than...more
On January 16, 2025, in the waning hours of the Biden-Harris administration, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly released their “Antitrust Guidelines for Business Activities Affecting...more
1/23/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchises ,
Joint Policy Statements ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
In a divided party-line vote, the FTC recently charged Guardian Service Industries, Inc. (Guardian), a New York City-area building services contractor, with violating Section 1 of the Sherman Act and Section 5 of the Federal...more
The politics of noncompetition provisions are a point of uncommon unity in what is otherwise an often polarized climate. Traditionally “red” states (i.e., Oklahoma and North Dakota) and traditionally “blue” states (i.e.,...more
Texas District Judge Ada Brown issued a decision on August 20 in response to competing motions for summary judgment filed by Ryan LLC, the U.S. Chamber of Commerce and the FTC in a case that challenged the FTC’s authority to...more
On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania issued a decision in ATS Tree Services, LLC v. FTC, which held that the Federal Trade Commission (FTC) had the authority to issue its...more
Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more
7/5/2024
/ Amicus Briefs ,
Biden Administration ,
Corporate Counsel ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
Injunctive Relief ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority
The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more
4/26/2024
/ Chamber of Commerce ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The ever-growing pool of Washington alphabet soup agencies targeting the use of employee non-competes has expanded and now includes — along with the FTC and NLRB – the Federal Deposit Insurance Corporation (FDIC)....more
Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more
3/5/2024
/ City Councils ,
Civil Monetary Penalty ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Freelance Workers ,
Local Ordinance ,
Low-Wage Workers ,
Municipalities ,
Non-Compete Agreements ,
Proposed Legislation ,
Void and Unenforceable