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
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
Intellectual Property Alternatives to Noncompetes is Part Three of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
Employment Law Alternatives to Noncompetes is Part Two of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
Current Developments in Regulating Noncompetes is Part One of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
New York is now the only purely common law state in the country without any statutory guidelines governing both post-employment noncompetes and trade secrets. But that may be about to change. The New York State Legislature...more
Future Shock: How to Protect Trade Secrets When Noncompetes Become Truly Disfavored is the sixth and final installment of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more
1/27/2022
/ Antitrust Division ,
Biden Administration ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Litigation ,
Executive Orders ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Wage-Fixing
Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Yesterday, Today, Tomorrow is Episode one of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
On July 9, 2021, President Biden issued a sweeping Executive Order aimed at promoting competition in the American economy. Within the Executive Order, President Biden specifically encourages the Federal Trade Commission (FTC)...more
Introduction - A recent confluence of federal antitrust enforcement, state legislation and the Biden administration’s focus on labor markets has prompted many companies to revisit both their antitrust and human resource (HR)...more
On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or...more