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Non-Compete Agreements › Enforcement

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Sheppard Mullin Richter & Hampton LLP on

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

Sunstein LLP

Enforcing a Non-Compete Against a Former Employee in California

Sunstein LLP on

What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when...more

Smith Gambrell Russell

FTC Rule Banning Non-Competes Ruled Unlawful

Smith Gambrell Russell on

Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule (“FTC Rule”). The Court set aside the FTC’s...more

Kohrman Jackson & Krantz LLP

To Notice or Not to Notice: Employers Prepare for FTC Non-Compete Rule as September Effective Date Nears

Kohrman Jackson & Krantz LLP on

The effective date of the FTC’s Final Rule prohibiting non-compete agreements quickly approaches, yet there is still no definitive resolution as to whether it is constitutional. Nor has there been any preliminary injunction...more

McAfee & Taft

Two federal courts split on upholding FTC’s ban on noncompete agreements

McAfee & Taft on

In a July 8 article titled “FTC’s ban on noncompete agreements halted … sort of,” we reported that a Texas federal court had stayed the enforceability of the Federal Trade Commission’s final rule implementing a nationwide ban...more

Seward & Kissel LLP

Pennsylvania Federal Judge Declines to Block Enforcement of FTC Non-Compete Rule

Seward & Kissel LLP on

On July 23, 2024, U.S. District Judge Kelley B. Hodge from the Eastern District of Pennsylvania issued a decision and denial of a preliminary injunction, which would have stayed enforcement of the non-compete ban (the “Rule”)...more

McNees Wallace & Nurick LLC

Pennsylvania Imposes New Limitations on Health Care Noncompetes

McNees Wallace & Nurick LLC on

On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect...more

Dechert LLP

Philadelphia Federal Court Refuses to Enjoin FTC Non-Compete Rule

Dechert LLP on

On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more

Foley & Lardner LLP

Federal Court Enjoins Effect of FTC Noncompete Rule — But Only for Named Plaintiffs

Foley & Lardner LLP on

On July 3, 2024, the U.S. District Court for the Northern District of Texas entered an order enjoining the enforcement of a rule established by the Federal Trade Commission (FTC) abolishing the vast majority of employee...more

Holland & Knight LLP

District Court Issues Injunction Prohibiting Enforcement of FTC Non-Compete Ban

Holland & Knight LLP on

The U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued an order July 3, 2024, enjoining the Federal Trade Commission (FTC) from enforcing its Non-Compete Rule (Rule). The...more

ArentFox Schiff

The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation

ArentFox Schiff on

On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

Skadden, Arps, Slate, Meagher & Flom LLP on

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Miles Mediation & Arbitration

Good Riddance? The Uncertain Future of Covenants Not to Compete

Miles Mediation & Arbitration on

I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly...more

Lippes Mathias LLP

What Employers Need to Know About the FTC’s Ban of Non-Competition Agreements

Lippes Mathias LLP on

On May 7, 2024, the Federal Trade Commission (“FTC”) published its controversial final rule (the “Rule”) that once effective will ban employers from entering into new non-compete agreements across the country, retroactively...more

Mintz - Employment Viewpoints

Update: EEOC Issues Final Guidance on Workplace Harassment

Mintz - Employment Viewpoints on

The United States Equal Employment Opportunity (“EEOC”) has issued its final guidance on “Enforcement Guidance on Harassment in the Workplace,” the first of its kind in over 20 years. This final guidance builds on a variety...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

Schwabe, Williamson & Wyatt PC

Two Separate Lawsuits Challenge the Federal Trade Commission

Schwabe, Williamson & Wyatt PC on

Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete ‎provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. ‎Federal Trade Commission et al., Case No....more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

Holtzman Vogel Baran Torchinsky & Josefiak on

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Proskauer - Law and the Workplace

Federal Trade Commission Approves Rule Banning Most Noncompetes

Proskauer - Law and the Workplace on

Today the Federal Trade Commission voted 3-2 to approve a Final Rule that, absent a successful legal challenge, will ban most noncompete agreements in the United States beginning 120 days after publication in the Federal...more

WilmerHale

ABA Spring Meeting Sessions: Key Highlights From US Antitrust Enforcers’ Statements (April 10-12, 2024)

WilmerHale on

Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

Foley & Lardner LLP on

No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Skadden, Arps, Slate, Meagher & Flom LLP on

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Proskauer - Law and the Workplace

New York City Council Introduces Three New Bills Aimed at Non-Competes

Proskauer - Law and the Workplace on

Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in...more

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