News & Analysis as of

Preliminary Injunctions Injunctions

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

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

Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of...

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more

Winstead PC

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

Winstead PC on

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

Saiber LLC

Collision Course: Texas and Pennsylvania Courts Trending Toward Potential Circuit Split on the Viability of the FTC Rule Banning...

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On April 23, the FTC issued a Final Rule banning non-compete agreements, subject to a few exceptions. The Final Rule is scheduled to go into effect on September 4. ...more

Proskauer - Labor Relations Update

Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions

On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek...more

Farrell Fritz, P.C.

Changing the Status Quo: Commercial Division Issues Rare Mandatory Injunction

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Most litigants associate injunctions as a remedy granted by a court to prevent a party from taking specific action. This is no surprise – as in most cases injunctions function to accomplish exactly that....more

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

Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases

On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more

Troutman Pepper

Small Business Lenders Score Big Relief: Texas Federal District Court Grants Nationwide Injunction Against CFPB’s Implementation...

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In a major victory for small business lenders, yesterday the U.S. District Court for the Southern District of Texas granted motions filed by three groups of trade association intervenors to extend the court’s existing...more

Saiber LLC

U.S. Supreme Court Stays Preliminary Injunction Entered Against Certain Federal Officials and Agencies

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​​​​​​​On May 5, 2022, plaintiffs – the States of Missouri and Louisiana as well as various private parties – filed suit against the President and various federal agencies and officials, alleging that popular social media...more

Epstein Becker & Green

Injunctions for All – Speaking of Litigation Podcast

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Conjunction “injunction,” what’s your function? Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Tucker Arensberg, P.C.

Allegheny County Court Issues Injunction Lowering Common Level Ratio Impacting Tax Assessments Appeals

​​​​​​​Allegheny Court Judge Alan Hertzberg issued a preliminary injunction on September 1 lowering the common level ratio on real estate for 2020 sales of real property. Currently, the ratio in Allegheny County is 81.1. As a...more

Dorsey & Whitney LLP

Federal Contractor Vaccine Mandate: Federal Appeals Court Says It's Unlawful But You Might Have to Comply Anyway

Dorsey & Whitney LLP on

​​​​​​​Lately, litigation news related to public and private workplace COVID-19 vaccine mandates has quieted. That changed last Friday, when the Eleventh Circuit Court of Appeals narrowed a nationwide injunction against the...more

Bass, Berry & Sims PLC

Injunctions May Only Pause the Government Contractor Vaccine Mandate

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The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more

Bass, Berry & Sims PLC

A Third Court Enjoins the Federal Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

On December 16, in the challenge filed by Louisiana, Mississippi, and Indiana to the federal contractor vaccine mandate, the Western District of Louisiana (WD of LA) granted the plaintiff’s motion for a preliminary injunction...more

Lathrop GPM

The Franchise Memorandum - Issue # 266

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Post-Termination Injunction: Noncompete Covenants - California Federal Court Enforces...more

Morrison & Foerster LLP

U.S. Court Blocks Trump-Era Designation Of Xiaomi As A Chinese Military Company And Permits Continued Trading In Its Securities

On March 12, 2021, a U.S. district court granted a temporary injunction requested by the Hong Kong-listed, Chinese electronics giant, Xiaomi Corporation (“Xiaomi”). The injunction blocks the U.S. Department of Defense (“DoD”)...more

WilmerHale

Court Sides with SEC in Blocking Distribution of Telegram's Grams

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On March 24, 2020, Judge P. Kevin Castel of the Southern District of New York granted the U.S. Securities Exchange Commission (“SEC”) an injunction to prevent Telegram Group Inc. and TON Issuer Inc. (collectively, “Telegram”)...more

Lowenstein Sandler LLP

A Tezos Settlement and a Telegram Injunction: Securities Laws Protections Extend to Digital Asset Investors

Digital assets sit on the cutting edge of investable products, but two recent events can give investors comfort that the US securities laws will still protect them even in these sometimes uncharted waters. First, a securities...more

McDermott Will & Emery

Cookie Crumbles Against Injunction Granted to Terminated Trademark Licensee

Concluding that a terminated exclusive trademark licensee failed to establish the elements required to impose a preliminary injunction, the US Court of Appeals for the 10th Circuit reversed the district court’s grant of a...more

Parker Poe Adams & Bernstein LLP

North Carolina Courts Defeat Another ‘Overbroad' Noncompete

In recent years, North Carolina courts have become increasingly resistant to enforcing noncompetition and non-solicitation restrictions they view as insufficiently narrowed to the specific competitive threat presented by the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit—the CIT Need Not Issue Multiple Injunctions Barring Liquidation of the Same Imports

The U.S. Court of International Trade (CIT), like most other federal courts, may issue an injunction to afford equitable relief to the parties that appear before it. Those injunctions typically bar the federal government from...more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

McDermott Will & Emery

A Momentary Victory for the ACA: Federal Judge Issues a Nationwide Injunction against Trump Administration’s Contraceptive...

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On January 14, 2019, US District Judge Wendy Beetlestone in the US District Court for the Eastern District of Pennsylvania issued a nationwide preliminary injunction blocking the Trump administration’s carveouts to the...more

FordHarrison

Implementation of DOL's New Persuader Rule Permanently Blocked

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A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez...more

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