News & Analysis as of

Restrictive Covenants Chevron Deference

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

Mogin Law LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

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In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

Spilman Thomas & Battle, PLLC

Top Five: The Biggest Labor & Employment Developments from 2024

As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more

Goodell, DeVries, Leech & Dann, LLP

FTC Final Rule on Noncompete Clauses: Pending Litigation

There are several legal challenges to the Federal Trade Commission’s (FTC) ban on noncompete clauses in employment agreements. There have been multiple lawsuits in varying federal district courts that seek to delay or...more

Carlton Fields

Court Enjoins FTC Noncompete Ban: Appeal Likely

Carlton Fields on

A federal judge in Texas has enjoined the Federal Trade Commission’s ban on noncompete agreements, leaving the FTC’s attempt to quash such agreements waiving in the breeze, at least for the time being....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

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

Venable LLP on

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

Parker Poe Adams & Bernstein LLP

Federal Court Strikes Down FTC Noncompete Rule

For those of you who have been following along with the Federal Trade Commission’s (FTC) looming noncompete ban and the various challenges it has presented, there comes good news for employers from a Texas federal court....more

Venable LLP

Court Rules FTC’s Non-Compete Rule Is Unenforceable Nationwide

Venable LLP on

The Federal Trade Commission’s (FTC) rulemaking crusade suffered a serious blow this week, when Judge Ada Brown of the Northern District of Texas set aside the agency’s Final Rule that made most employment-related non-compete...more

Winstead PC

Pencils Down on Those Notices, Employers: A Federal Judge Just Set Aside FTC Noncompete Rule

Winstead PC on

Earlier this summer, Winstead’s Labor & Employment team reported that Judge Ada Brown in the U.S. District Court for the Northern District of Texas issued a preliminary injunction as applied only to the plaintiffs in Ryan LLC...more

Benesch

Texas Federal Court Rejects FTC’s Non-Compete Ban

Benesch on

As every employer in the U.S. is likely aware, the Federal Trade Commission’s (“FTC”) near-universal ban on non-competes nationwide, which the FTC voted to implement via regulatory rulemaking on April 23 of this year, has...more

Fisher Phillips

Breaking News: FTC’s Non-Compete Ban Struck Down For All Employers Nationwide

Fisher Phillips on

A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more

Morrison & Foerster LLP

The Impending FTC Non-Competition Final Rule

Earlier this year, on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Final Rule”) barring nearly all non-competition provisions for most workers in the United States. The Final Rule is set...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

Rivkin Radler LLP

Conflicting Orders Create Uncertainty for FTC Noncompete Ban

Rivkin Radler LLP on

On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule...more

Troutman Pepper Locke

Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

Troutman Pepper Locke on

In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more

Epstein Becker & Green

#WorkforceWednesday: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? - Spilling Secrets Podcast

Epstein Becker & Green on

This week, on our Spilling Secrets podcast series, our panelists discuss the current state of the Federal Trade Commission’s (FTC’s) nationwide non-compete ban amid ongoing legal challenges: The FTC’s ban on non-competes...more

Epstein Becker & Green

Federal Court Grants Temporary Stay of FTC Noncompete Rule but Limits Scope (for Now) to Named Parties

Epstein Becker & Green on

On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Overrules Chevron, Calling Federal Agency Rules into Question Including FTC Non-Compete Rule

On Friday morning, the Supreme Court in Loper Bright Enterprises v. Raimondo, No. 22-451, reversed its long-standing precedent in Chevron USA, Inc. v. Natural Resources Defense Council (1984), which required courts reviewing...more

Seyfarth Shaw LLP

FTC Non-Compete Ban: What You Need to Know (UPDATED)

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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

BakerHostetler

Does New York’s Failed Noncompete Bill Forecast a Similar Fate for the FTC’s Proposed Noncompete Rule?

BakerHostetler on

After proposing in 2023 to ban nearly all employee noncompete agreements nationwide, the Federal Trade Commission (FTC) has remained largely silent on whether it will pare back some of the proposal’s more controversial...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

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