News & Analysis as of

Section 5 NPRM

Hudson Cook, LLP

To Be or Not To Be: Challenge to the FTC's CARS Rule Is Ripe for the Fifth Circuit to Decide

Hudson Cook, LLP on

On October 9, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on the challenge by the National Automobile Dealers Association and the Texas Automobile Dealers Association ("Petitioners") to the...more

Venable LLP

Accelerating Privacy Scrutiny: Key Developments for the Auto Industry

Venable LLP on

Recent U.S. developments indicate a growing focus on regulating and investigating the data privacy practices of companies in the automotive sector. The Federal Trade Commission (FTC) recently highlighted in a blog post its...more

Quarles & Brady LLP

FTC Issues Proposed Rule Banning All Non-Compete Agreements

Quarles & Brady LLP on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban the use of non-compete agreements between employers and their workers and require businesses to rescind existing non-compete contracts....more

Latham & Watkins LLP

New FTC Rulemaking Seeks to Ban Most Non-Competes

Latham & Watkins LLP on

FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition. On January 5, 2023, the Federal Trade Commission (FTC) issued a...more

Cozen O'Connor

FTC Proposes Rule to Ban or Limit Non-Compete Agreements

Cozen O'Connor on

In July of 2021, as part of “a whole-of-government effort to promote competition in the American economy,” President Biden issued an Executive Order on Promoting Competition in the American Economy, encouraging the Federal...more

Robinson & Cole LLP

FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements

Robinson & Cole LLP on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing post-employment noncompete restrictions on their workers. The proposed rule, if adopted as drafted, would...more

Burr & Forman

Is It the End of Non-Compete Clauses? The Federal Trade Commission Proposes a Prohibition and Rescission of Non-Compete Clauses

Burr & Forman on

On January 5, 2023, the Federal Trade Commission announced a Notice of Proposed Rulemaking that would prohibit and rescind non-compete provisions in employment contracts. The public has 60 days to offer comment on the...more

BakerHostetler

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

BakerHostetler on

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Vinson & Elkins LLP

No More Non-Competes? FTC Proposes Rule Banning Nearly All Non-Compete Agreements with Workers

Vinson & Elkins LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more

Holland & Knight LLP

To Compete or Non-Compete: Rulemaking Proposal Aims to Ban Non-Competes Nationally

Holland & Knight LLP on

A majority of states currently recognize the enforceability of non-compete agreements to some extent. Generally, these agreements prohibit employees from working in the same or similar profession for a period of time...more

Miller Canfield

Federal Trade Commission Proposes to Invalidate Non-Compete Agreements

Miller Canfield on

​​​​​​​On January 5, 2023, the Federal Trade Commission ("FTC") issued a notice of proposed rulemaking that would render all non-compete agreements, other than those entered into in connection with the sale of a business,...more

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