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A Ban No More: District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal...more

District Court Strikes Down FTC’s Noncompete Ban

The FTC’s noncompete ban (16 C.F.R. § 910-1.6) is no more, at least for the time being. On Aug. 20, 2024, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal...more

A Growing Divide That May Sow Confusion

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hon. Kelley B. Hodge, U.S.D.J.) issued a Memorandum Opinion and Order (the Order) in the matter of ATS Tree Services, LLC v. Federal...more

Non-Compete Clauses May Be A Thing Of The Past: Analyzing the FTC’s Final Rule Banning Non-Compete Clauses

In a 3-2 vote on April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule on non-compete clauses, declaring all non-compete clauses to be unfair methods of competition, resulting in a national ban on...more

A Ban No More? Gov. Hochul Vetoes Noncompete Bill

On Dec. 23, 2023, Gov. Kathy Hochul vetoed Senate Bill S3100, blocking the Legislature’s attempt to ban noncompete agreements across the state. The proposed legislation sought to add a new section to the New York Labor Law...more

NYS Considers Ban of Non-Compete Agreements in the Shadow of the FTC's Proposed Nationwide Ban [Video]

As a bonus to Bond’s May 30 Business in 2023 webinar, Bond litigation attorney Kevin Cope talked about proposed legislation that would ban non-compete agreements across New York State. Listen to see how this, as well as other...more

NYS Considers Ban of Non-Compete Agreements in the Shadow of the FTC’s Proposed Nationwide Ban

On the heels of the Federal Trade Commission’s (FTC) proposed nationwide ban on the use of non-competition agreements with employees and other “workers,” the New York State Senate and Assembly are poised to consider a ban on...more

The Intersection of Employer Counterclaims and Retaliation: An Analysis of the Second Circuit’s Recent Decision in Kim v. Lee

Employers are well aware of the risks a disgruntled employee may pose during their employment and even after their employment has ended. Sometimes, however, employers do not discover an employee’s unscrupulous behavior until...more

A Ban For Some, But Not All: Exception to the FTC’s Proposed Ban on Non-Compete Clauses

The Federal Trade Commission (FTC) sent a shockwave through the corporate world on Jan. 5, 2023, when it released a proposed regulation banning non-compete clauses in all but extremely limited circumstances. The proposed...more

Are Non-Compete Clauses A Thing Of The Past? Analyzing the FTC’s New Regulation Declaring Non-Compete Clauses An Unfair Method Of...

On July 9, 2021, President Biden issued an executive order that, among other things, directed the Federal Trade Commission (FTC) “to curtail the unfair use of non-compete clauses and other clauses or agreements that may...more

Courts Clarify Elements Of Special Duty Doctrine and Malicious Prosecution

Recently, the New York State Court of Appeals and the United States Supreme Court each clarified municipal liability stemming from law enforcement activities in the context of state law municipal negligence claims and federal...more

Business Insurance Coverage in the Time of COVID

The COVID-19 pandemic has now been with us for almost two years. In that time, it has brought hardships and lost profits to many sectors of the business community, from hotels to restaurants to brick-and-mortar stores. As a...more

Appellate Division Affirms the Strength of Arbitration Awards

In a Nov. 12, 2021 decision, the Appellate Division, Fourth Department, affirmed the strength of arbitration awards by confirming the limited grounds upon which such awards can be reviewed. Historically, New York courts have...more

Appellate Division Clarifies the Impact of Financial Disincentives on Attorney Employment Agreements 

For the first time since 1998, a New York Appellate Court has addressed the standard governing restrictions placed on attorneys following their separation from a law firm. In a pair of decisions released in November, the...more

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