Debra Fischer

Debra Fischer

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Texas Federal Court ‘Sets Aside’ FTC’s Noncompete Clause Rule

Judge Ada Brown of the US District Court for the Northern District of Texas entered a final judgment in Ryan LLC v. Federal Trade Commission (FTC) on August 20, 2024, holding unlawful and setting aside the FTC Noncompete...more

8/22/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Federal Trade Commission Noncompete Clause Rule Litigation Update

The Federal Trade Commission on April 23 approved a Final Rule banning almost all worker noncompete clauses (noncompete rule). Absent a court entering a nationwide injunction or vacating the rule, it is set to go into effect...more

8/1/2024  /  Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Texas Federal Court Enters Limited Preliminary Injunction Staying FTC’s Noncompete Clause Ban

Judge Ada Brown of the US District Court for the Northern District of Texas entered a preliminary injunction on July 3, 2024 staying the effective date and enjoining the enforcement of the Federal Trade Commission’s (FTC’s)...more

7/9/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

FAQs on Federal Trade Commission’s Rule Banning Worker Noncompete Clauses

On April 23, the Federal Trade Commission (FTC), by a 3-2 vote, approved a Final Rule banning almost all worker noncompetes. The Final Rule will go into effect 120 days following its publication in the Federal Register. In...more

4/29/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

FTC Issues Ban on Noncompete Clauses for All Workers, Including Senior Executives After Effective Date

The Federal Trade Commission (FTC) conducted an open commission meeting on April 23 where the five FTC Commissioners voted on a final rule that would prevent employers from enforcing noncompetes against nearly all workers....more

4/24/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

California Further Bolsters its Prohibitions on Noncompete Agreements

On the heels of the enactment of Senate Bill 699, which fortified California’s restrictions on noncompete agreements and other restrictive covenants and provided additional employee protections, California has once more...more

10/26/2023  /  Employer Liability Issues , Employment Contract , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants

California Strengthens Business and Professions Code Prohibiting Employee Noncompete Agreements, Other Restrictive Covenants

California Governor Gavin Newsom recently signed Senate Bill (SB) 699, which fortifies California’s restrictions on noncompete agreements as well as other restrictive covenants and provides additional protections for...more

9/21/2023  /  Employer Liability Issues , Employment Contract , Governor Newsom , Non-Compete Agreements , Restrictive Covenants , State Labor Laws

FAQs on Federal Trade Commission’s Proposed Rule Banning Worker Noncompete Clauses

The Federal Trade Commission’s (FTC’s) January 5, 2023, notice of proposed rulemaking would ban businesses from entering into and maintaining noncompete clauses with workers. In this LawFlash, we answer several frequently...more

1/13/2023  /  Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , FTC Act , Hiring & Firing , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Federal Trade Commission Proposes Banning Noncompete Clauses for Workers

The Federal Trade Commission (FTC) announced a notice of proposed rulemaking (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential...more

1/9/2023  /  Confidentiality Agreements , Federal Trade Commission (FTC) , FTC Act , Non-Compete Agreements , NPRM , Proposed Rules , Trade Secrets

California Court Strikes Down Employee Nonsolicitation Provision

The California Court of Appeal also concluded that a “customer list” of identities and contact information was not protectable as a trade secret. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., the California Court...more

11/7/2018  /  Appeals , Corporate Counsel , Misappropriation , Non-Solicitation Agreements , Trade Secrets
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