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Restrictive Covenants

Cadwalader, Wickersham & Taft LLP

FTC’s Rule Banning Non-Compete Agreements Is “Set Aside” Nationwide in District Court Ruling, But Two District Courts Find FTC...

The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go...more

Troutman Pepper

States' Action Still Viable Despite Ban of FTC Noncompete Rule

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The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Franczek P.C.

FTC Ban on Non-Competes Is Blocked — For Now

Franczek P.C. on

Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on...more

Epstein Becker & Green

#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law...

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This week, on our Spilling Secrets podcast series, our panelists delve into the implications for employers following the recent blockage of the Federal Trade Commission’s (FTC’s) non-compete ban. On August 20, 2024, the U.S....more

Clark Hill PLC

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

Clark Hill PLC on

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

Troutman Pepper

Exploring Employment Law Across Borders: Italy vs. US With White Lotus — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs dive into international waters with Annalisa Reale, a Labor and Employment partner of the Chiomenti Law Firm in Milan, Italy. Inspired by...more

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

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In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...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

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Thomas Fox - Compliance Evangelist

Addressing Pre-taliation

One of the most talked about subjects in corporate compliance is the issue of pre-taliation—an increasingly common enforcement target by the U.S. Securities and Exchange Commission (SEC). Matt Kelly and I did a recent podcast...more

Patterson Belknap Webb & Tyler LLP

Court Blocks FTC Rule Banning Almost All Worker Non-Compete Deals

A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024...more

Bilzin Sumberg

The FTC Ban on Non-Competes – Impact of Final Rule on M&A Transactions

Bilzin Sumberg on

The Federal Trade Commission last year proposed a sweeping rule outlawing most non-competition agreements nationwide. The rule applied both to non-competes in the employer-employee context and to a seller of a business in an...more

Kilpatrick

Georgia Supreme Court Finds Restrictive Covenants Not Required to Contain Express Geographic Restriction

Kilpatrick on

In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

Jackson Lewis P.C. on

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Locke Lord LLP

Key Employer Updates for 2024/2025 – ‎Part One in This Series: Offer Letters and Job ‎Descriptions

Locke Lord LLP on

As Q4 approaches, many employers are completing 2024 goals and setting 2025 goals, including updating their key employment policies and agreements to ensure they align with ever-evolving federal, state, and local laws and...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

Seyfarth Shaw LLP

Georgia Supreme Court Reverses Lower Court Rulings and Holds Non-Recruitment Provisions do not Need to Contain Explicit Geographic...

Seyfarth Shaw LLP on

Jimmy Buffett once eloquently said that “without geography, you’re nowhere.”  But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out,...more

Cozen O'Connor

Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?

Cozen O'Connor on

In this special 150th podcast episode, Michael Schmidt is joined by his Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing...more

Stokes Wagner

Federal Noncompete Ban Struck Down

Stokes Wagner on

The District Court for the Northern District of Texas issued a decision striking down the Federal Trade Commission’s rule banning non-compete agreements, which was set to take effect on September 4, 2024....more

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

Mayer Brown on

In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Kennedys

The FTC’s effort for a non-compete ban has been judicially struck down, however, its fate still hangs in the balance

Kennedys on

The Federal Trade Commission’s (“FTC”) efforts to ban non-compete agreements was significantly curtailed when a federal judge in Texas, on August 20, 2024, issued a nationwide injunction, finding the FTC’s ban on non-compete...more

Parker Poe Adams & Bernstein LLP

How Employers Should Navigate an Environment After FTC Noncompete Rule Was Struck Down

The Federal Trade Commission recently posted a notice on its website acknowledging that the federal court injunction issued in Texas will prevent implementation for now of its final regulations restricting use of...more

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