News & Analysis as of

Federal Bans Constitutional Challenges

Buckingham, Doolittle & Burroughs, LLC

Federal Judge Blocks FTC Non-Compete Ban

The wait is over. On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update: FTC’s Ban on Non-Compete Agreements Set Aside

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more

Foley & Lardner LLP

Too Little, Too Late — The Death of the Federal Trade Commission Noncompete Rule May Be Near

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Recent legal developments may doom the Federal Trade Commission (FTC) Noncompete Rule (the “Rule” or the “Noncompete Rule”). The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo has significant...more

Harris Beach PLLC

Federal Court Delays Ban on Noncompete Agreements

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As expected, a legal battle is playing out over the U.S. Federal Trade Commission’s near-total ban on noncompete agreements, and a federal judge has granted a preliminary injunction delaying implementation of the ban while...more

Genova Burns LLC

FTC’s Final Rule on Non-Competes May Not be the Final Word

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In a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Miller Canfield

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

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On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule...more

Bricker Graydon LLP

Non-Compete Update - Lawsuits Flying Already     

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In news that will surprise absolutely no one, the US Chamber of Commerce has already filed a lawsuit trying to block enforcement of the FTC’s non-compete ban. The lawsuit was filed in … wait for it … Texas – the state where...more

Epstein Becker & Green

Chamber of Commerce and Others Swiftly File Lawsuits Seeking to Enjoin and Vacate the FTC’s Noncompete Rule

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We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete...more

WilmerHale

FTC Bans Non-Competes: What’s at Stake and What Happens Next

WilmerHale on

On April 23, 2024, the Federal Trade Commission (FTC), in a highly anticipated vote, passed the Non-Compete Clause Rule, 16 CFR § 910 (the Rule), which purports to bar all non-competes in the United States, subject to limited...more

BakerHostetler

FTC Issues Final Rule Banning Non-Competes

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The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more

Dorsey & Whitney LLP

FTC Prohibits Noncompete Agreements; Business Groups Sue

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The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more

Manatt, Phelps & Phillips, LLP

Post-Barr, Sixth Circuit Says Debt Collectors Can Be Liable

Continuing the fallout from the now over-one-year-old decision in Barr v. American Association of Political Consultants, Inc., the U.S. Court of Appeals, Sixth Circuit ruled that the U.S. Constitution displaced the...more

King & Spalding

District Courts Find TCPA’s Cellphone Robocall Ban Unconstitutional for Five-Year Period Prior to the Supreme Court’s Recent...

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On July 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, 140 S. Ct. 2335 (2020), holding that the government-backed debt exception to the Telephone Consumer...more

King & Spalding

Supreme Court Strikes Down TCPA Exception—While Keeping the Remainder of the Act Intact—and Will Soon Address “Autodialer”...

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On July 6, the Supreme Court issued a long-awaited decision in Barr v. American Association of Political Consultants addressing whether a provision of the Telephone Consumer Protection Act (“TCPA”)—which generally prohibits...more

Robins Kaplan LLP

Financial Daily Dose 8.24.2020 | Top Story: TikTok Confirms Plans to Sue U.S. over Recent Executive Orders Targeting App

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More on TikTok’s plans to sue the U.S. over the White House’s recent executive orders seeking to block the app on American soil and force its owner, ByteDance, to sell its American assets. The company intends to argue that...more

Robins Kaplan LLP

Financial Daily Dose 8.11.2020 | Top Story: McDonalds Sues Former CEO Over Series of Workplace Affairs

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Eight months after firing its CEO, Steve Easterbrook, for “sexting with a subordinate,” McDonald’s has sued Easterbrook for allegedly “lying, concealing evidence and fraud” in what appears to be a series of other workplace...more

Sheppard Mullin Richter & Hampton LLP

TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?

The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that...more

Foley & Lardner LLP

Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review

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The Supreme Court is showing interest in the Telephone Consumer Protection Act (TCPA), which is designed to control certain unwanted calls, and which over the last decade has been a favored tool of the plaintiffs’ bar to...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Is Positioning to Take On TCPA

On July 6, 2020, the United States Supreme Court issued its ruling in Barr v. American Ass’n of Political Consultants, a case in which the plaintiffs challenged a government-debt collection exception to the Telephone Consumer...more

Morrison & Foerster LLP - Class Dismissed

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the...more

Kilpatrick

TCPA Class Actions - Supreme Court Severs Government Debt Collection Exception

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Takeaway: In Barr v. American Association of Political Consultants, Inc, No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020), the Supreme Court invalidated the exception for calls made for the purpose of collecting government...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 28

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Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more

Cooley LLP

Alert: Supreme Court Preserves Limits on Autodialed Calls to Cell Phones, Overturns Government Debt Collection Exception

Cooley LLP on

In a widely anticipated decision in Barr v. American Association of Political Consultants, the US Supreme Court determined that an exception to the Telephone Consumer Protection Act (TCPA) that allowed robocalls to mobile...more

Cozen O'Connor

What High Court Ruling Means For TCPA's Future

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On July 6, the U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants Inc. The court declined to invalidate the Telephone Consumer Protection Act's automated calls to cellphones...more

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