News & Analysis as of

Executive Orders Restrictive Covenants

Ogletree, Deakins, Nash, Smoak & Stewart,...

The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more

Bass, Berry & Sims PLC

Ethics Rules Applicable to Hiring Former Federal Government Employees

As the Trump administration continues to eliminate federal positions and reduce contract and grant outlays, many private companies will likely be eyeing current and former government employees for employment over the coming...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements

On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Benesch

Preliminary Injunction Partially Blocks FTC Noncompete Ban

Benesch on

Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more

BakerHostetler

The First Ruling Is In: FTC Noncompete Rule Enjoined - But No Nationwide Impact

BakerHostetler on

Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

McCarter & English, LLP

Yes, the FTC Did Just (Try to) Ban Non-Compete Agreements. For Now.

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning nearly all non-compete agreements effective 120 days from the rule’s formal publication. The move, or something like it, has been...more

Holland & Knight LLP

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

Holland & Knight LLP on

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is...more

Lathrop GPM

FTC Approves Final Rule, Would Ban Most Employment Non-compete Agreements

Lathrop GPM on

The Federal Trade Commission (“FTC”) voted and approved the issuance of a final rule, the Non-Compete Clause Rule, that, if it goes into effect, will make future employment non-compete agreements unenforceable and will...more

Tucker Arensberg, P.C.

FTC Votes to Ban Non-Compete Agreements

Tucker Arensberg, P.C. on

In a Special Open Commission Meeting, the Federal Trade Commission voted to approve the final rule to ban non-compete agreements for for-profit businesses, the effective date of such ban being in 120-days....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC Adopts Final Rule Banning Employers From Entering Non-Competes

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

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

DarrowEverett LLP on

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Eversheds Sutherland (US) LLP

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Jackson Lewis P.C.

Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry

Jackson Lewis P.C. on

The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair competition and solicitation by current or former employees. This is especially true for employees in...more

Kohrman Jackson & Krantz LLP

Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements

On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to...more

Epstein Becker & Green

#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more

Proskauer - Law and the Workplace

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more

Jackson Lewis P.C.

Against the Evidence: How the FTC Cast Aside the Input of Experts at Its Own Non-Compete Workshop

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

Dorsey & Whitney LLP on

Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Williams Mullen

Navigating the FTC’s Proposed Rule Banning Non-Competes

Williams Mullen on

Williams Mullen attorneys Jim Burns (Antitrust & Trade Regulation) and Laura Windsor (Labor, Employment & Immigration) discuss the recent seismic movements at the FTC regarding a proposed rule banning non-competes in...more

Foley & Lardner LLP

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Nilan Johnson Lewis PA

Minnesota Again Considers Banning Non-Competes

Nilan Johnson Lewis PA on

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Proskauer - Minding Your Business

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

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