News & Analysis as of

Executive Orders › Proposed Rules › Joe Biden

Constangy, Brooks, Smith & Prophete, LLP

Proposed rule on federal contractor salary information requests, comp information on job postings is withdrawn

Constangy, Brooks, Smith & Prophete, LLP on

On January 8th, the Federal Acquisition Regulatory Council withdrew a proposed rule that would have (1) prohibited federal government contractors and subcontractors from requesting or using compensation history in the hiring...more

Tarter Krinsky & Drogin LLP

FTC Seeks to Ban Non-Compete Agreements: What You Need to Know

Tarter Krinsky & Drogin LLP on

On January 5, 2023, the Federal Trade Commission (FTC) proposed its long-awaited new rule banning non-compete agreements. This was an anticipated event after a July 9, 2021, executive order from President Biden that directed...more

Fox Rothschild LLP

.POOF! There goes 500 years of jurisprudence. . .

Fox Rothschild LLP on

One of the earliest reported cases challenging a non-compete clause was Mitchell v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (Q.B. 1711). The clause survived the challenge, and a vigorous jurisprudence delineating the...more

Greenbaum, Rowe, Smith & Davis LLP

FTC Proposes Ban on Non-Compete Agreements

Greenbaum, Rowe, Smith & Davis LLP on

What You Need to Know- •The FTC has proposed a new rule which, if adopted in its current form, would prohibit nearly all private employers from entering into or enforcing non-compete agreements with their employees. •The...more

Tonkon Torp LLP

Noncompetes Under Fire from the Federal Trade Commission

Tonkon Torp LLP on

UPDATE: The public comment period on the FTC’s notice of proposed rulemaking regarding the Non-Compete Clause Rule closed on April 19, 2023. The FTC has made no recent announcement about the status of the proposed rule.   ...more

Paul Hastings LLP

FTC Condemns Noncompetes: An Antitrust Perspective on Practical Next Steps for Companies

Paul Hastings LLP on

The FTC recently concluded that many noncompete agreements between employers and employees violate federal antitrust law. These actions represent a rejection of the centuries-old principle that noncompete provisions are...more

Paul Hastings LLP

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

Paul Hastings LLP on

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

Wiley Rein LLP

FTC Proposes New Rule to Broadly Ban Non-Compete Agreements

Wiley Rein LLP on

On January 5, 2023, the Federal Trade Commission (FTC or Commission) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The FTC’s proposed...more

Lowenstein Sandler LLP

FTC Proposes to Ban Employee Noncompete Agreements

Lowenstein Sandler LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule would bar...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: FTC proposes to outlaw nearly all covenants not to compete in employment context

Constangy, Brooks, Smith & Prophete, LLP on

The new year is off to a roaring start in the field of employment law, with a massive—and unexpected—possible change to the law of restrictive covenants, thanks to a newly proposed federal regulation. Today, the U.S....more

Jackson Lewis P.C.

Federal Trade Commission Proposes Broad Ban on Use of Non-Compete Covenants

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) has issued a Notice of Proposed Rulemaking to broadly ban the use of non-compete covenants throughout the country. The proposed rule, which would supersede all contrary state laws, is...more

Morrison & Foerster LLP - Government...

White House Announces Federal Supplier Climate Risks And Resilience Rule

Morrison & Foerster LLP - Government... on

The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more

Sheppard Mullin Richter & Hampton LLP

ESG for Government Contractors: Climate-Related Risk Considerations in Federal Procurement

Sheppard Mullin Richter & Hampton LLP on

The Federal Acquisition Regulatory Council (the “FAR Council”) currently is considering amendments to the Federal Acquisition Regulation (“FAR”) that would elevate the consideration of climate-related risks in Federal...more

Foley & Lardner LLP

OTC Hearing Aids: FDA Paves the Way in its Proposed Rule

Foley & Lardner LLP on

In response to President Biden’s Executive Order on Promoting Competition in the American Economy—which called for the Secretary of Health and Human Services to publish for notice and comment a proposed rule on...more

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