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Rulemaking Process Non-Compete Agreements

Kelley Drye & Warren LLP

Fraud Prevention, Worker Protection, and Fighting Alleged Big Tech Censorship: A Roundup of the New FTC’s Agenda after the First...

Wednesday, we covered President Trump’s firing of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter and explored whether a two-member Commission constitutes a quorum for the agency to take formal action....more

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Epstein Becker & Green

Amicus Brief Filed for 10 National Industry Organizations to Uphold District Court’s Order Setting Aside the FTC Noncompete Ban

Epstein Becker & Green on

The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit. In August 2024, mere days before the Final Rule was to take effect, Judge...more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

Brownstein Hyatt Farber Schreck

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

Venable LLP on

These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

BakerHostetler

The Chevron Decision Will Create Some Challenges for FTC Law Enforcement and Rulemaking

BakerHostetler on

It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more

Polsinelli

Vote Scheduled for FTC Final Rule Banning Non-Competes – What You Need to Know

Polsinelli on

FTC Final Rules Banning Non-Competes Vote Next Tuesday - As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements,...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

BakerHostetler

Keeping Up with the FTC Rulemakings - Part Two

BakerHostetler on

There is so much Federal Trade Commission (FTC) rulemaking going on that we needed a second blog to provide the necessary update on all the matters that are pending. And Daniel is right: Who doesn’t love a two-parter? ...more

Proskauer - Law and the Workplace

Governor Hochul Vetoes New York Non-Compete Ban

After months of speculation and intense lobbying, New York Governor Kathy Hochul vetoed a bill that would have imposed a near-total ban on employee non-competition agreements in New York State. Governor Hochul has long...more

Mintz - Employment Viewpoints

New York Governor Vetoes Non-Compete Ban

On December 22, 2023, New York Governor Kathy Hochul vetoed legislation that would have instituted a near-universal ban on non-competition provisions in New York after negotiations between the Governor and the bill’s...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

Bracewell LLP on

On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Epstein Becker & Green

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May...

As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more

BakerHostetler

Recapping the FTC Rulemakings Initiated Since 2021 - A Lot of Announcements and Just a Few Developments

BakerHostetler on

It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency...more

Jenner & Block

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Jenner & Block on

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Womble Bond Dickinson

FTC Non-Compete Ban: Don’t Panic! (But Be Prudent and Prepare)

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On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more

Proskauer - Law and the Workplace

Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Fenwick & West LLP

The FTC Continues to Broaden Its Enforcement Authority to Pursue Chair Khan’s Agenda

Fenwick & West LLP on

On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more

WilmerHale

FTC’s Third Open Meeting Brings New Changes to Agencies’ Approach for Health App Privacy, Petitions for Rulemaking, and Vertical...

WilmerHale on

On September 16, 2021, the Federal Trade Commission (“FTC” or “Commission”) held its third Open Commission Meeting in as many months. The Commission addressed four items: (1) whether to issue a policy statement affirming that...more

Vinson & Elkins LLP

Three Takeaways from “Navigating the New Antitrust Enforcers”

Vinson & Elkins LLP on

Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more

Saiber LLC

President Biden’s Recent Executive Order and Pending New Jersey Bill Highlight a Growing National Trend to Curtail the Use of...

Saiber LLC on

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other directives, encourages the Federal Trade Commission (FTC) to exercise its statutory rulemaking...more

Jaburg Wilk

The Feds Are Going After Non-Compete Covenants

Jaburg Wilk on

On July 7, 2021, President Biden announced that he intends to sign an executive order targeting employer-employee non-compete covenants (agreements) nationwide through the Federal Trade Commission (FTC). The FTC investigates...more

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