As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in...more
3/10/2025
/ Competition ,
Employees ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Non-Compete Agreements ,
Popular ,
Regulatory Agenda ,
Trump Administration ,
Unfair Competition
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more
9/25/2024
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Confidential Information ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Motion To Stay ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Summary Judgment
This just in: Judge Ada Brown ruled yesterday on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary...more
8/21/2024
/ Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants
Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more
7/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Labor Regulations ,
Non-Compete Agreements ,
Regulatory Requirements ,
State Labor Laws
An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more
7/19/2024
/ Administrative Law Judge (ALJ) ,
Employee Handbooks ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Regulatory Agenda ,
Regulatory Reform ,
Restrictive Covenants ,
Section 7
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
6/12/2024
/ Chevron Deference ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Popular ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more
4/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Trade Secrets
In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our...more