Michael Jones at Morgan Lewis

NLRB General Counsel Expands Crackdown on Non-Competes with New Focus on ‘Stay-or-Pay’ Agreements

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released GC Memo 25-01 on October 7, 2024 further urging the Board to find non-compete agreements, particularly “stay-or-pay” practices, unlawful and...more

10/16/2024 / Contract Terms , Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

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

Litigation Seeks to Stay FTC’s Noncompete Ban: Court Guidance Expected on or Before July 3

If you tuned into our webinar on May 3, you likely heard about the pending legal challenges to the Federal Trade Commission’s (FTC’s) noncompete ban, slated to go into effect September 4. These legal challenges could result...more

5/10/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , 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

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

Michael Jones

Morgan Lewis

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