News & Analysis as of

Unfair Competition

DLA Piper

EU: ECJ Rules That Competitors Are Entitled to Bring an Injunction Claim Based on an Infringement of the GDPR

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Introduction - In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the...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

MoginRubin LLP

Epic Sues Google Again, This Time Adding Samsung

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The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has...more

Seyfarth Shaw LLP

Noncompete Agreements – Employer Options and Strategies to Reduce Risks

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Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning...more

MoginRubin LLP

Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

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U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade Commission’s antitrust suit against Amazon.com Inc., but said an eventual trial would focus solely on Amazon’s liability under...more

Ervin Cohen & Jessup LLP

FTC’s Nationwide Ban on Non-Compete Agreements Stopped by Federal Court Ruling

The FTC’s effort to implement a nationwide ban on the use of most non-compete agreements has been stalled indefinitely following a recent court ruling by a district court judge in Texas....more

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

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

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Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...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

Mintz - Antitrust Viewpoints

Senators Urge FTC, DOJ to Investigate AI Models That Copy Third-Party Content — AI: The Washington Report

On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws. ...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

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...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

Cozen O'Connor

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

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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

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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

Kennedys

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

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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

Kohrman Jackson & Krantz LLP

Outkast Sues EDM Group Called “ATLiens” for Trademark Infringement

Hip-hop legends Outkast recently filed a lawsuit against an Atlanta-based EDM duo for trademark infringement and unfair competition over the use of the group’s name, “ATLiens.” Outkast claims it coined the term “ATLiens”...more

BCLP

Federal Court Strikes Down FTC’s Non-Compete Ban

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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

King & Spalding

FTC Noncompete Rule Vacated by Texas Judge

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If September 4, 2024, was circled on your calendar as the start of the federal government’s anti-restrictive covenant push into private employment contracts, hopefully it was in pencil. Last week, Judge Ada E. Brown of the...more

McDermott Will & Emery

Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss

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The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’...more

Tucker Arensberg, P.C.

The FTC’s Non-Compete Rule Has Been Struck Down and Will No Longer Take Effect on September 4, 2024.

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On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, set aside the Federal Trade Commission’s “Non-Compete Rule” (the “Rule”). ...more

Tarter Krinsky & Drogin LLP

FTC Non-Compete Ban Set Aside

Last week, on the eve of the effective date of the FTC's ban on non-compete agreements, a Texas federal district court found that the agency had exceeded its authority in enacting the ban. The Court also explained that its...more

Chartwell Law

The End of Non-Compete Agreements: How the FTC's New Rule Could Reshape Employment Contracts

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The structure of employment contracts is undergoing a seismic shift with the recent move by the Federal Trade Commission (FTC) to ban non-compete clauses. This landmark decision has the potential to reshape how businesses...more

Jackson Lewis P.C.

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

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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

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