Marc Bernstein

Paul Hastings LLP

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Federal Court Strikes Down FTC’s Non-Compete Ban

On August 20, 2024, the Northern District of Texas issued its final ruling in Ryan, LLC. v. FTC on the merits of cross-motions for summary judgment, contesting the legality of the Federal Trade Commission’s (“FTC”)...more

8/22/2024 / Administrative Procedure Act , Employment Contract , Federal Bans , Federal Trade Commission (FTC) , Injunctions , Non-Compete Agreements , Restrictive Covenants , Statutory Authority , Texas

Delaware Supreme Court Rejects “Reasonableness” Test for Forfeiture-for- Competition Provisions

Last week, the Delaware Supreme Court reversed a Chancery Court decision that we wrote about previously, which invalidated a forfeiture-for-competition provision as an unreasonable restraint of trade. The Ainslie et al. v....more

2/8/2024 / Breach of Contract , Competition , Contract Terms , DE Supreme Court , Forfeiture , Limited Partnership Agreements , Limited Partnerships , Non-Compete Agreements , Reversal

New York Legislature Passes Non-Compete Ban

On June 7, the New York Senate, by a vote of 40-21, passed a prohibition on non-compete agreements in a modified bill, 3100-A (“Bill”). On June 20, 2023 the New York State Assembly passed the Bill by a vote of 95-52. The Bill...more

6/26/2023 / Employer Liability Issues , Employment Contract , New York , Non-Compete Agreements , State Labor Laws

FTC Proposes Ban on Non-Competes: What Employers Need to Know

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation that would ban non-compete agreements between workers and employers, with some limited exceptions (the “Proposed Rule”). The Proposed...more

1/9/2023 / Employment Contract , Executive Orders , Federal Trade Commission (FTC) , FTC Act , Joe Biden , Non-Compete Agreements , NPRM , Proposed Rules , Public Comment , Restrictive Covenants

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