News & Analysis as of

Statutory Authority Preliminary Injunctions Final Rules

Fisher Phillips

Pregnant Workers Fairness Act Under Fire: What Employers Need to Know About the Latest Legal Challenges

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The Pregnant Workers Fairness Act (PWFA) rules mandating that employers provide abortion-related accommodations are facing intensifying legal challenges now that a federal appeals court allowed a group of states to challenge...more

Stevens & Lee

FTC Asserts Its Rulemaking Authority in Opening Brief Defending Its Ban on Noncompetes

Stevens & Lee on

On Nov. 5, the Federal Trade Commission (FTC) filed its opening brief in its pending appeal in Properties of the Villages, Inc. v. FTC,No. 24–13102 (M.D. Florida). As previously reported, on Aug. 14, Judge Timothy Corrigan...more

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

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

Jenner & Block

Non-Competition Agreements; FTC Rule Status

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) announced their final rule banning most “non-competition” agreements. The FTC determined non-competition agreements were an unfair method of...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

BCLP

Federal Court Strikes Down FTC’s Non-Compete Ban

BCLP on

Employers can breathe a sigh of relief as a Texas federal judge set aside the Federal Trade Commission’s (FTC) impending ban on non-compete clauses.  The FTC published a final rule banning all non-compete clauses with...more

Rumberger | Kirk

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

Rumberger | Kirk on

The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the...more

Flaster Greenberg PC

Texas Court Puts a Stop to FTC's Non-Compete Ban

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On August 20, 2024, a Texas Federal Court issued a nationwide bar on the enforcement of the Federal Trade Commission (“FTC”) rule banning nearly all non-compete agreements (the “Final Rule”), which, as we have previously...more

Foley & Lardner LLP

FTC’s Ban on Noncompete Agreements Is Blocked

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The Federal Trade Commission’s efforts to ban noncompete agreements suffered a serious blow when a federal judge in Texas issued a nationwide injunction blocking the ban’s enforcement. Implementation of the ban could disrupt...more

Perkins Coie

August Tip of the Month: Court Blocks FTC Rule Banning Employment-Related Noncompete Agreements

Perkins Coie on

On August 20, 2024, a Texas district court issued a decision blocking a Federal Trade Commission (FTC) Rule, which would have banned employment-related noncompete agreements....more

Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

Jackson Lewis P.C. on

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update: FTC’s Ban on Non-Compete Agreements Set Aside

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on...more

Akerman LLP - HR Defense

Ban on the Run: Federal Court Blocks the FTC’s Non-Compete Ban Nationwide

A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements. On August 20, 2024, Judge Ada Brown of the Northern District of...more

Sunstein LLP

FTC Ban on Non-Competes Thwarted by Texas Federal Court

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Since it was announced in May 2024, the impending FTC ban on non-competes has been mired in controversy. The Rule, which was set to go into effect on September 4, 2024, was intended to ban nearly all non-competition...more

Robinson+Cole Manufacturing Law Blog

Legal Update: Court Halts Enforcement of FTC Non-Compete Final Rule

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas entered summary judgment in favor of the plaintiffs and set aside the Federal Trade Commission’s (FTC)...more

Steptoe & Johnson PLLC

Texas Federal Court Invalidates FTC’s Non-Compete Ban As Unconstitutional

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A federal judge in Texas has barred enforcement of the Federal Trade Commission’s (FTC’s) new regulations, which otherwise would have banned most non-compete agreements. Holding that the FTC lacked statutory authority to...more

Smith Anderson

FTC’s Non-Compete Rule Struck Down Nationwide

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As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more

Moore & Van Allen PLLC

FTC’s Non-Compete Ban Blocked

Moore & Van Allen PLLC on

Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade...more

Shutts & Bowen LLP

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

Shutts & Bowen LLP on

On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more

Sheppard Mullin Richter & Hampton LLP

Final Word on Final Rule? Texas District Court Eviscerates FTC’s Non-Compete Ban

On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule...more

Brooks Pierce

Texas Court Issues Nationwide Ban on FTC’s Non-Compete Rule; Appeals Expected

Brooks Pierce on

On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the...more

Eversheds Sutherland (US) LLP

Failure to launch – Texas court grants nationwide permanent injunction, icing the FTC’s noncompete ban indefinitely

The Federal Trade Commission’s (FTC) nationwide ban on post-employment noncompetition agreements is no more following a Northern District of Texas judge’s ruling imposing a nationwide permanent injunction. Although a long and...more

Foley Hoag LLP

Federal Judge Blocks FTC’s Noncompete Rule Nationwide

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On August 20, 2024, Judge Brown of the Northern District of Texas blocked the FTC’s Final Rule banning noncompetes. The decision comes just over a month after Judge Brown’s preliminary injunction order, which stayed the rule...more

McDermott Will & Emery

Texas Court Issues Nationwide Injunction Striking Down the FTC Noncompete Ban

McDermott Will & Emery on

On August 20, 2024, the US District Court for the Northern District of Texas issued a nationwide injunction barring the Federal Trade Commission’s (FTC) Final Rule that bans all noncompete agreements. The court’s findings...more

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