The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit....more
In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more
On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban.
The Florida court’s decision...more
8/19/2024
/ Antitrust Litigation ,
Compliance ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Restrictive Covenants ,
Stays ,
Unfair Competition
On July 3, 2024, the U.S. District Court for the Northern District of Texas granted a preliminary injunction staying enforcement of the Federal Trade Commission’s (FTC) final rule prohibiting noncompetition employment...more
On June 28, 2024, the Supreme Court of the United States upended the 40-year-old doctrine whereby federal courts gave deference to administrative agencies’ reasonable interpretations of federal statutes. The ruling stands to...more
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more
5/28/2024
/ Corporate Executives ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Non-Compete Agreements ,
Notice Requirements ,
Popular ,
Restrictive Covenants ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more
On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was...more
On March 21, 2024, the FDIC unveiled proposed revisions to its Statement of Policy (SOP) on Bank Merger Transactions, which was last amended in 2008. The revisions would increase scrutiny of bank mergers, particularly mergers...more
4/3/2024
/ Antitrust Provisions ,
Bank Merger Act ,
Comment Period ,
FDIC ,
Federal Reserve ,
Merger Reviews ,
Mergers ,
Non-Compete Agreements ,
OCC ,
Proposed Amendments ,
Regulatory Approval
As has been the case too many times in the past, at least one of the recent tragic mass shootings that has been in the headlines involved a workplace shooting. The employee who committed this violence came to work with an...more