The U.S. District Court for the Northern District of Texas in Ryan LLC v. FTC granted summary judgment “setting aside” the Federal Trade Commission’s (FTC’s) Final Rule banning non-compete clauses between employers and...more
10/15/2024
/ Administrative Complaints ,
Administrative Law Judge (ALJ) ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Non-Compete Agreements ,
Sherman Act ,
Summary Judgment ,
Unfair or Deceptive Trade Practices
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
Following the national trend toward prohibiting or limiting non-compete agreements, Louisiana Senate Bill 165 limits the length and geographical scope of non-compete agreements for both specialty and primary care physicians....more
On July 3, 2024, as anticipated, U.S. District Judge Ada Brown of the U.S. District Court for the Northern District of Texas granted Plaintiffs’ and Plaintiff-Intervenors’ motion to stay and preliminarily enjoin the effective...more
Rhode Island Governor Dan McKee signed a new law (R.I. Gen. Laws § 5-34-50) that prohibits the enforcement of non-competition agreements with advanced practice registered nurses (APRNs) in the state on June 17, 2024....more
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
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
A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law. This follows...more
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) has issued a Notice of Proposed Rulemaking to broadly ban the use of non-compete covenants throughout the country.
The proposed rule, which would supersede all contrary state laws, is...more
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
Earlier this month, President Joseph Biden issued an Executive Order encouraging the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit...more
In the latest step toward federal regulation of non-compete agreements, President Joe Biden has issued a wide-ranging Executive Order that, among many other competition-focused objectives, encourages the Federal Trade...more
There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a...more
The use of non-competition agreements between employers and employees has raised concerns at the Federal Trade Commission (FTC). On January 9, 2020, the agency held a program “to examine whether there is a sufficient legal...more
Criticizing non-solicitation of employees — or “no-poaching” — agreements as an alleged factor in holding back wage growth, the U.S. Department of Justice and the Federal Trade Commission have issued antitrust guidance on...more