News & Analysis as of

FTC Act Competition Restrictive Covenants

Morgan Lewis

Commissioners Signal Changes to FTC Enforcement of Employee No-Hire Restrictions Under Trump-Vance Administration

Morgan Lewis on

The US Federal Trade Commission (FTC or Commission), in the final two months of the Biden administration, entered into two settlements in cases targeting the use of so-called “no-hire” restrictions in services agreements. In...more

Troutman Pepper Locke

FTC Noncompete Rule Risks a Wave of State AG Actions

Troutman Pepper Locke on

On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

Polsinelli

Texas Federal Judge Blocks FTC Non-Compete Ban

Polsinelli on

This week, Judge Ada E. Brown of the U.S. District Court for the Northern District of Texas in Ryan v. The Federal Trade Commission upheld a challenge by business groups to the FTC’s non-compete ban. In addition to confirming...more

Lowndes

FTC Non-Compete Ban is Banned

Lowndes on

On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in...more

Seyfarth Shaw LLP

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

Seyfarth Shaw LLP on

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

Baker Donelson

Employers Should Consider Alternative Protections to Address Lack of Clarity Around Non-Compete Rule

Baker Donelson on

The Federal Trade Commission's (FTC) impending Non-Compete Rule invalidating almost all non-compete agreements nationwide received new life after a recent federal decision in Pennsylvania district court. Employers and...more

Mayer Brown

United States: Restrictive Covenants

Mayer Brown on

The enforceability of restrictive covenants in the United States is currently governed by state law, although that may change if federal rules or legislation are enacted to address such covenants. State laws regarding...more

Oliva Gibbs LLP

FTC’s Ban on Non-Compete Agreements and Strategic Responses for Energy Companies

Oliva Gibbs LLP on

Over the past year, you may have heard rumblings about a proposed ban on non-compete clauses in employment agreements.  The day has come: on April 23, 2024, the Federal Trade Commission (FTC) finalized its rule banning new...more

Patterson Belknap Webb & Tyler LLP

FTC Approves Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more

Otten Johnson Robinson Neff + Ragonetti PC

The FTC Bans Non-Compete Agreements – What You Need to Know

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more

Mandelbaum Barrett PC

The Death Knell for Noncompetes as We Know Them

Mandelbaum Barrett PC on

Those in the greater New York metropolitan area felt an earthquake a few weeks ago.  There was a much stronger one that will be felt for years to come across the United States.  It resulted from the Non-Compete Clause Final...more

Dickinson Wright

FTCはほとんどの競業避止義務から従業員を解放したが、禁止はどこまで続くのでしょうか?

Dickinson Wright on

連邦取引委員会(以下「FTC」)は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則(以下「最終規則」)を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後(「発効日」)であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...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

Pullman & Comley - Labor, Employment and...

FTC Bans Noncompete Agreements for All Workers

On April 23, 2024, the Federal Trade Commission (the “FTC” or “Commission”) held an open meeting on noncompetition agreements, at which they voted 3-2 to approve a proposed final Noncompete Rule. The final Rule is a...more

Carr Maloney P.C.

FTC Issues Final Rule Banning Most Non-Compete Agreements

Carr Maloney P.C. on

By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements.  The final rule is scheduled to go...more

Dickinson Wright

美国联邦贸易委员会宣布员工将不受大部分竞业条款的限制 – 禁令的范围是什么?禁令会持续多久?

Dickinson Wright on

FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more

Sheppard Mullin Richter & Hampton LLP

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will...more

Jones Day

FAQs About the FTC Final Rule Banning Worker Noncompete Agreements

Jones Day on

This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more

Polsinelli

FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

Polsinelli on

On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more

Cadwalader, Wickersham & Taft LLP

FTC Adopts Broad Ban on the Use of Non-Compete Clauses in Employment Agreements

The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition: With respect to a worker other than a senior executive: To enter into or attempt to enter into a...more

Burr & Forman

FTC Votes To Ban Most Noncompete Provisions

Burr & Forman on

In a monumental move, the Federal Trade Commission approved a final rule on April 23, 2024, that effectively invalidates most noncompete agreements. This rule will take effect 120 days after it is published in the Federal...more

Franczek P.C.

Important Takeaways from the Final Rule Banning Non-Competes

Franczek P.C. on

In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using...more

Hinshaw & Culbertson - Employment Law...

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts....more

Hinckley Allen

Federal Trade Commission Issues Final Rule Prohibiting Non-Compete Agreements

Hinckley Allen on

On April 23, 2024, the Federal Trade Commission (“FTC”) approved and issued a final rule effectively banning non-compete agreements nationwide (the “Final Rule”). As a result of a 3-to-2 vote, the FTC found that non-compete...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

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