News & Analysis as of

NPRM FTC Act Public Comment

BakerHostetler

5th Circuit Slams the Brakes on FTC’s CARS Rule

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There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...more

Parker Poe Adams & Bernstein LLP

FTC Proposes Nationwide Ban on Noncompetition Agreements

On January 5, the Federal Trade Commission (FTC) published a notice of proposed rulemaking seeking comment on a rule that would declare most U.S. noncompetition agreements unlawful, subject to very limited exceptions. Using...more

Royer Cooper Cohen Braunfeld LLC

FTC Proposes Aggressive Rule That Would Decimate Employment Non-Competes

The federal government has proposed a rule to ban non-compete agreements between nearly all employers and all workers. The Federal Trade Commission (FTC) believes this rule will increase wages by almost $300 billion annually...more

BCLP

Don’t panic: the long view of FTC’s proposed non-compete rule

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Last week, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (the “Proposed Rule”) proposing a rule that would ban “non-compete” agreements. Finding that non-compete clauses reduce competition,...more

Stokes Wagner

What to do if the FTC Bans Non-Compete Agreements

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The Federal Trade Commission issued a proposed rule on January 5, 2023, that would ban the use of so-called “non-compete” agreements, which are often used in certain industries to protect intellectual property and the...more

Miles & Stockbridge P.C.

FTC’s New Proposed Rule Could Ban Non-Compete Agreements

The Federal Trade Commission (FTC) proposed a rule last week that would ban employers from requiring workers to sign non-compete provisions in employment contracts. The rule also would prevent employers from entering into new...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

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

WilmerHale

FTC Announces Proposed Rule Banning Employers From Entering Non-compete Clauses With Employees

WilmerHale on

On January 5, 2023, the Federal Trade Commission (FTC or Commission) announced a notice of proposed rulemaking that would ban employers from entering non-compete agreements with their employees. Under proposed rule 16 CFR §...more

Tonkon Torp LLP

Noncompetes Under Fire from the Federal Trade Commission

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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

Latham & Watkins LLP

New FTC Rulemaking Seeks to Ban Most Non-Competes

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FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition. On January 5, 2023, the Federal Trade Commission (FTC) issued a...more

Cozen O'Connor

FTC Proposes Rule to Ban or Limit Non-Compete Agreements

Cozen O'Connor on

In July of 2021, as part of “a whole-of-government effort to promote competition in the American economy,” President Biden issued an Executive Order on Promoting Competition in the American Economy, encouraging the Federal...more

Husch Blackwell LLP

FTC Proposes Nationwide Ban on Non-Compete Agreements

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On January 5, 2023, the Federal Trade Commission announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements and leave employers with fewer legal means of protecting their...more

Paul Hastings LLP

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

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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

BakerHostetler

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

BakerHostetler on

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Wiley Rein LLP

FTC Proposes New Rule to Broadly Ban Non-Compete Agreements

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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

Vinson & Elkins LLP

No More Non-Competes? FTC Proposes Rule Banning Nearly All Non-Compete Agreements with Workers

Vinson & Elkins LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more

Holland & Knight LLP

To Compete or Non-Compete: Rulemaking Proposal Aims to Ban Non-Competes Nationally

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A majority of states currently recognize the enforceability of non-compete agreements to some extent. Generally, these agreements prohibit employees from working in the same or similar profession for a period of time...more

Miller Canfield

Federal Trade Commission Proposes to Invalidate Non-Compete Agreements

Miller Canfield on

​​​​​​​On January 5, 2023, the Federal Trade Commission ("FTC") issued a notice of proposed rulemaking that would render all non-compete agreements, other than those entered into in connection with the sale of a business,...more

Fox Rothschild LLP

FTC Proposes Rule to Ban Non-Compete Clauses

Fox Rothschild LLP on

In a broad and sweeping exercise of regulatory power, on January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) to prohibit employers from utilizing non-compete clauses. The...more

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