News & Analysis as of

Pending Litigation Preliminary Injunctions

Smith Anderson

FTC’s Non-Compete Rule Struck Down Nationwide

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As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more

Winstead PC

Lawsuits Lead to Inconsistent Judicial Rulings Regarding the FTC’s Noncompete Ban

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Winstead’s Labor & Employment team previously reported that the Federal Trade Commission (“FTC”) issued its final rule largely banning noncompetes nationwide (“Rule”), spurring races to the courthouse in the federal district...more

Baker Donelson

August 1 Deadline for Title IX Regulations Has Arrived Amidst Pending Litigation and Continuing Confusion

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The Department of Education's 2024 Title IX regulations became effective August 1, 2024, but only in about half of the states. Because of the pending litigation and preliminary injunctions issued by various courts across the...more

Royer Cooper Cohen Braunfeld LLC

FTC’s Non-Compete Ban Effective Date Nears, PA Judge Denies Preliminary Injunction

With the effective date of the FTC’s ban on non-competes looming, a federal Judge in Pennsylvania declines to issue a preliminary injunction.  A federal judge in Pennsylvania recently declined to enter an injunction...more

Fenwick & West LLP

Preparing for Compliance Crunch as FTC's Noncompete Ban Nears

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more

Parker Poe Adams & Bernstein LLP

Federal Court Declines to Expand Injunction Against FTC Noncompete Rules

Earlier this month, we reported on a preliminary injunction granted to the plaintiffs in a lawsuit filed in federal district court in Texas, seeking to block the Federal Trade Commission’s regulations voiding most employment...more

BakerHostetler

Courts Split on FTC’s Authority to Issue Noncompete Rule

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July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC...more

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

FTC Noncompete Ban Rule Survives Challenge in Pennsylvania Federal Court, but Still Contested in Florida and Texas

On July 23, 2024, a judge in the U.S. District Court for the Eastern District of Pennsylvania denied a motion for preliminary injunction seeking to stay the effective date of the Federal Trade Commission’s (FTC) final...more

Holland & Knight LLP

Injunction of 2024 Title IX Regulations Impacts Schools Nationwide

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A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more

Parker Poe Adams & Bernstein LLP

Federal Judge Issues Limited Injunction Against FTC's Noncompete Ban

Last week, we received the first indication of a Texas federal court’s position on a lawsuit filed by the U.S. Chamber of Commerce challenging the validity of the Federal Trade Commission’s new regulations banning most...more

Bricker Graydon LLP

Non-Competes Banned? Not in the Heart of Texas!

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Almost immediately after the Federal Trade Commission (FTC) issued its rule essentially banning non-compete agreements nationwide for all workers, the lawsuits started flying. One of the first cases filed was by Ryan, LLC...more

Tucker Arensberg, P.C.

Non-Compete Ban Updates: FTC Rule Challenges & Pennsylvania Healthcare Legislation

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As we previously discussed on Med Law Blog, following the FTC’s approval of the final rule to ban non-compete agreements for for-profit businesses in April, several businesses have challenged the FTC’s authority to enforce...more

Miles & Stockbridge P.C.

First Court to Address FTC Non-Compete Rule Finds it Unlawful - But Limits Injunction to Parties

On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a limited stay and preliminary injunction of the Federal Trade Commission's (FTC) final rule making unlawful virtually all non-compete...more

Goodwin

Federal Court Preliminarily Enjoins Enforcement of the FTC Non-Compete Rule, but Only for the Plaintiffs: What Are the...

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On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more

Goodwin

CFPB, South Carolina, and Arkansas Sue High-Interest Credit Brokers

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On February 20, the Consumer Financial Protection Bureau (CFPB), South Carolina Department of Consumer Affairs, and Arkansas Attorney General’s Office announced? that they had filed a lawsuit in the U.S. District Court for...more

Seyfarth Shaw LLP

U.S. Supreme Court Lifts Injunction, allowing DHS and USCIS to Implement Public Charge Final Rule

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Seyfarth Synopsis: The Supreme Court’s decision clears the path for DHS/USCIS to implement its Public Charge final rule, which requires employers and employees to disclose receipt of certain public benefits in...more

Gibney Anthony & Flaherty, LLP

U.S. Supreme Court Allows DHS to Implement Public Charge Rule

On January 27, 2020, the U.S. Supreme Court granted the Trump administration’s request to lift the last remaining nationwide injunction blocking implementing of its public charge rule. The rule, initially published by the...more

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

Supreme Court Rules in Favor of Trump Administration, Allows Implementation of Public Charge Rule

On January 27, 2020, the Supreme Court of the United States ruled 5-4 in favor of allowing the Trump administration to begin applying its revised public charge rule. The rule’s implementation was blocked in October 2019 by...more

Fisher Phillips

Business Groups Bring Legal Challenge to California’s Prohibition on Mandatory Arbitration Agreements

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A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will...more

Robinson+Cole Health Law Diagnosis

FTC Granted Preliminary Injunction to Block Physician Practice Acquisition

On December 13, 2017 a magistrate judge in the U.S. District Court for the District of North Dakota granted a request of the Federal Trade Commission (FTC) and North Dakota Attorney General to preliminarily enjoin Sanford...more

Fisher Phillips

Some States Forge Ahead On Salary Thresholds

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Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more

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