News & Analysis as of

Employment Contract Anti-Competitive

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Court Blocks FTC’s Non-Competition Ban

As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule,...more

Epstein Becker & Green

Newly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy

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In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...more

Goodwin

Federal Court Preliminarily Enjoins Enforcement of the FTC Non-Compete Rule, but Only for the Plaintiffs: What Are the...

Goodwin on

On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more

Patterson Belknap Webb & Tyler LLP

Federal Suit by Ohio Physicians Challenging Noncompete Agreements Dismissed for Lack of Antitrust Standing

On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

BakerHostetler on

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Poyner Spruill LLP

FTC Non-Compete Ban: What Employers Need to Know

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Effective Date: 120 days after the final rule is published in the Federal Register, likely in late August or early September 2024....more

Katten Muchin Rosenman LLP

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more

PilieroMazza PLLC

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

PilieroMazza PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”).  As suspected, business...more

Miller & Martin PLLC

How Should Employers Respond to the Federal Trade Commission’s Ban on Non-Competition Agreements?

Miller & Martin PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more

Wilson Sonsini Goodrich & Rosati

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

Brownstein Hyatt Farber Schreck

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more

Sherman & Howard L.L.C.

ALERT: FTC Votes to Ban Nearly All Non-Competes

In a long-awaited and much-debated move, the Federal Trade Commission (FTC) voted Tuesday to ban nearly all non-competition agreements in the United States on the grounds they are an unfair method of competition. The vote...more

Stark & Stark

Employee’s Duty of Loyalty to Employer

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While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of...more

Cole Schotz

Employer Update: DOJ Drops Final No-Poach Prosecution Case

Cole Schotz on

On November 13, 2023, the U.S. Department of Justice (“DOJ”) moved to drop its last remaining no-poach criminal prosecution case, U.S. v. Surgical Care Affiliates LLC, et al. This marks an informal end to the DOJ’s...more

Latham & Watkins LLP

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Seyfarth Shaw LLP

Are Restrictive Covenants a Thing of the Past?

Seyfarth Shaw LLP on

The short answer is no, not yet, but their future looks uncertain. In this update we have a look at developments affecting restrictive covenants across various jurisdictions around the globe and what multinational employers...more

Bricker Graydon LLP

As Clear as Mud - The Future of Non-Competes

Bricker Graydon LLP on

There seems to be a lot of news these days involving non-compete agreements. Many companies are wondering whether their current non-competes are still enforceable, or if they should put a new one in place. ...more

Epstein Becker & Green

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

Epstein Becker & Green

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Your Non-Compete Might Not Be Enforceable For Much Longer

Whether you are an employer attempting to maintain and enforce non-compete provisions in contracts with your employees, or an employee trying to navigate career developments despite being subject to such a provision, you need...more

Shumaker, Loop & Kendrick, LLP

Client Alert: FTC Proposes Nationwide Ban on Non-Compete Agreements

In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more

Sheppard Mullin Richter & Hampton LLP

Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements

Imagine paying millions to acquire a company only to later discover the restrictive covenants in the employment agreements of high-level executives were unenforceable. That’s precisely what happened in Intertek Asset...more

Polsinelli

More Signs of Trouble for Non-Compete Agreements

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Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them.  This,...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

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As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

Bennett Jones LLP

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

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Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more

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