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Orrick, Herrington & Sutcliffe LLP

CFPB issues new proposal to ban certain financial contract terms

On January 13, the CFPB proposed a new rule to ban large banks and consumer finance companies from using certain contractual provisions in agreements with consumers under Regulation AA. The CFPB’s proposal warns against the...more

Troutman Pepper Locke

CFPB Introduces New Rule Banning Certain Contractual Provisions in Consumer Financial Agreements

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The Consumer Financial Protection Bureau (CFPB or Bureau) proposed a new rule aimed at banning certain contractual provisions in agreements for consumer financial products or services. The CFPB’s proposal targets certain...more

Cranfill Sumner LLP

FTC Extends Comment Period for Proposed Ban of Noncompete Agreement

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As our firm first reported on January 9, 2023, the Federal Trade Commission is currently accepting comments for its proposed ban of employment noncompete agreements.  In light of more than 8,800 comments received to date, and...more

Seyfarth Shaw LLP

FTC Holds Public Forum Examining Proposed Rule to Ban Noncompete Clauses and Business Organizations Sharply Criticize It

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On February 16, 2023, the FTC hosted a public forum for the purpose of examining the proposed rule banning non-compete agreements. The agenda included, among other things, opening remarks from Chair Kahn, an overview of the...more

Seyfarth Shaw LLP

Business Organizations Seek Extension on Comment Period Deadline on FTC’s Proposed Rule Banning Non-Competes

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100 business organizations submitted a letter today requesting a 60 day extension on the March 20, 2023, comment period deadline on the FTC’s proposed rule banning non-competes with employees and workers. The business...more

Epstein Becker & Green

100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban

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As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning noncompetes nationwide by an additional 60 days....more

McNees Wallace & Nurick LLC

Is it the Beginning of the End for Workplace Non-Compete Agreements?

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rule Making and additional information describing a new proposed rule that would prohibit employers across the country from entering into...more

Cooley LLP

Proposed FTC Rule Would Ban Most Noncompete Agreements

Cooley LLP on

On January 5, 2023, the Federal Trade Commission published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors and unpaid...more

Kaufman & Canoles

FTC Looks to Ban Non-Competes, But Don’t Panic

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The Federal Trade Commission (FTC) rang in 2023 by zeroing in on a new target: non-competes. On January 5, the FTC announced a new proposed rule banning the use of non-compete provisions in agreements with individuals....more

Venable LLP

Comments and Challenges Welcome: FTC Proposes New Rule to Ban Non-Compete Agreements with Employees, Independent Contractors, and...

Venable LLP on

On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more

Kelley Drye & Warren LLP

The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect....more

Dickinson Wright

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses | 联邦贸易委员会提议禁止竞业禁止条款

Dickinson Wright on

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic...more

Seyfarth Shaw LLP

Comments on FTC’s Proposed Rule Banning Non-Competes With Employees and Workers Now Due March 20th 

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The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register....more

Epstein Becker & Green

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

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As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban noncompetes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many...more

Troutman Pepper Locke

FTC Proposes Broad Non-Compete Ban: ‎What Employers Can Expect Next

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On July 9, 2021, President Biden signed an Executive Order aimed at “Promoting Competition in the American Economy.” Among the dozens of initiatives proposed within the order was a directive to the Chair of the Federal Trade...more

Kelley Drye & Warren LLP

The FTC’s Proposal to Ban Noncompetes is on Shaky Legal Ground

By now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal...more

Kelley Drye & Warren LLP

FTC Insights: How Employers Can Prepare for a World Without Noncompetes

When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more

A&O Shearman

U.S. Federal Trade Commission Proposes Ban on Employee Non-Compete Agreements

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The proposed rule would prohibit employers nationwide from restricting an employee from working at another company post-employment. As drafted, the rule would have retroactive effect and require employers to rescind any...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

Jones Day

FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

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In early January 2023, the Federal Trade Commission ("FTC") proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight...more

Cohen Seglias Pallas Greenhall & Furman PC

New Year, New Regulations: FTC Targets Noncompetes in 2023

On January 5, 2023, the Federal Trade Commission (FTC) made waves in the legal world after it proposed a new rule that would essentially ban noncompete agreements and require employers to rescind existing noncompete...more

Epstein Becker & Green

Will the FTC Ban Noncompetes? What Employers Need to Know About the Proposed Rule

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On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....more

PilieroMazza PLLC

SBA Proposes Revisions to Bona Fide Place of Business Requirements for 8(a) Construction Contracts

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The bona fide place of business requirement provides that for 8(a) construction contracts, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. Since August 25, 2021, and...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

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On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

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