News & Analysis as of

Preliminary Injunctions

Clark Hill PLC

The FTC Rule Banning Noncompetes Has Been Struck Down – For Now

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On Aug. 20, a new federal court decision from the Northern District of Texas in Ryan LLC v. Federal Trade Commission halted enactment of the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements throughout the...more

Sheppard Mullin Richter & Hampton LLP

Understanding Preliminary Injunction: A Review of a Recent Federal Circuit Decision

This Federal Circuit opinion addresses a district court’s decision granting plaintiff’s motion for a preliminary injunction. Background - Plaintiff Natera, Inc. (“Natera”) and defendant NeoGenomics Laboratories, Inc....more

Ballard Spahr LLP

Plaintiffs free to appeal CFPB 1071 Rule after some plaintiffs drop their CFPB unlawful funding claim

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On August 26, 2024, Chief Judge Randy Crane in the E.D. Texas granted summary judgment to the CFPB, denied summary judgment to the trade groups and upheld the CFPB’s 1071 Rule (small business loan data collection rule)....more

Lathrop GPM

Michigan Federal Court Grants Franchisor’s Motion for Preliminary Injunction Against Former Restoration Service Franchisee

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A federal court in Michigan has granted a franchisor’s motion for preliminary injunction against former franchisees for violating the franchise agreements’ post-termination noncompete provisions. 1-800 Water Damage Int’l LLC...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Farrell Fritz, P.C.

From “Dissipation” to Denial: Why Threats of Lost Funds Are Not Enough for an Injunction

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Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be...more

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

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The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

Lowenstein Sandler LLP

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

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Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless...more

Pillsbury Winthrop Shaw Pittman LLP

District Court Ruling Bars Federal Trade Commission Non-Compete Rule for the Near Term

With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements. On August 20,...more

Fox Rothschild LLP

Title IX Turbulence: Supreme Court Decision and Kansas Injunction Complicate School Compliance

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This school year is off to a busy start as administrators wrestle with implementation of the new 2024 Title IX regulations. Schools are busy conducting training, making important decisions about policy, and navigating the...more

Knobbe Martens

Novartis Loses Bid for Preliminary Injunction Against MSN Pharmaceuticals

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Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals.  Novartis Pharm. Corp. v. MSN Pharm. Inc., Civil Action No. 20-md-2930-RGA, Dkt. No. 1456...more

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

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The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

BCLP

Federal Court Strikes Down FTC’s Non-Compete Ban

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Employers can breathe a sigh of relief as a Texas federal judge set aside the Federal Trade Commission’s (FTC) impending ban on non-compete clauses.  The FTC published a final rule banning all non-compete clauses with...more

Proskauer - Law and the Workplace

Federal Court Once Again Upholds Enforcement of New Jersey’s Temporary Workers’ Bill of Rights

The district court has once again upheld enforcement of the New Jersey Temporary Workers’ Bill of Rights (the “Law”). The decision comes in response to a follow-up challenge by a coalition of staffing agency industry groups,...more

McDermott Will & Emery

This Week in 340B: August 27 – September 2, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Baker Botts L.L.P.

Intellectual Property Report

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

Rumberger | Kirk

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

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The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the...more

Flaster Greenberg PC

Texas Court Puts a Stop to FTC's Non-Compete Ban

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On August 20, 2024, a Texas Federal Court issued a nationwide bar on the enforcement of the Federal Trade Commission (“FTC”) rule banning nearly all non-compete agreements (the “Final Rule”), which, as we have previously...more

King & Spalding

FTC Noncompete Rule Vacated by Texas Judge

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If September 4, 2024, was circled on your calendar as the start of the federal government’s anti-restrictive covenant push into private employment contracts, hopefully it was in pencil. Last week, Judge Ada E. Brown of the...more

Foley & Lardner LLP

FTC’s Ban on Noncompete Agreements Is Blocked

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The Federal Trade Commission’s efforts to ban noncompete agreements suffered a serious blow when a federal judge in Texas issued a nationwide injunction blocking the ban’s enforcement. Implementation of the ban could disrupt...more

Perkins Coie

August Tip of the Month: Court Blocks FTC Rule Banning Employment-Related Noncompete Agreements

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On August 20, 2024, a Texas district court issued a decision blocking a Federal Trade Commission (FTC) Rule, which would have banned employment-related noncompete agreements....more

The Wagner Law Group

Retirement Security Rule Stayed

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July 25 was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans for Consumer Choice, placed a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Natera, Inc. v. NeoGenomics Laboratories, Inc. (Fed. Cir. 2024)

In Natera Inc. v. NeoGenomics Laboratories, Inc. the Federal Circuit affirmed the District Court's grant of a preliminary injunction against NeoGenomics in patent infringement litigation involving Natera's U.S. Patent Nos....more

Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

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A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

Shipman & Goodwin LLP

Ohio Injunction Issued for Abortion Statutes At Odds With State Constitutional Reproductive Rights

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On August 23, 2024, an Ohio state court issued a preliminary injunction in Preterm-Cleveland et al. v. Dave Yost et al., No. 24-cv-02634, staying the enforcement of multiple Ohio civil and criminal abortion-related statutes....more

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