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The FTC Announces Three Important Developments
As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more
With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more
On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more
On June 28, the Supreme Court handed down its decision in Loper Bright Enterprises v. Raimondo, overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In its 1984 Chevron decision, the Court held that...more
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more
The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more
Over the last several weeks, the Biden administration has released numerous final regulations in order to “beat the clock” before it ticks down to the Congressional Review Act (CRA) deadline. The CRA authorizes Congress to...more
As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in...more
FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after...more
As Bradley previously reported, the FTC at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule,...more
On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule prohibiting non-compete clauses in all agreements between employers and their workers. This controversial ban comes one year and six months after...more
The Federal Trade Commission (FTC) issued the long-awaited Non-Compete Final Rule that prohibits all new non-compete agreements and renders all existing non-competes unenforceable, except in limited circumstances. These...more
On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate...more
On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become...more
On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open...more
This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC...more
On April 23, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into...more
April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more
On April 23, 2024, the Federal Trade Commission (“FTC”) will vote on whether to issue a final rule that will prohibit organizations from enforcing non-compete agreements with current and former workers. The vote will take...more
Welcome, readers, to a significant moment in non-compete law. On Tuesday, April 23rd, at 2 p.m. Eastern Time, the Federal Trade Commission (FTC) will convene for a special virtual meeting to address non-compete agreements and...more
On April 16, 2024, Federal Trade Commission (FTC) Chair Lina M. Khan announced that a special open commission meeting will be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern Daylight Time, where the FTC is...more