News & Analysis as of

Former Employee Federal Trade Commission (FTC)

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

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

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

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

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. Although some limited exceptions apply, this new regulation...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

Fish & Richardson on

On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

Holland & Knight LLP on

With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

Fenwick & West LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Womble Bond Dickinson

FTC Issues New Rule - But Not the Final Chapter - on Non-Competes: What Employers Need to Know

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On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

Womble Bond Dickinson on

The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Littler

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

Littler on

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

Williams Mullen

More Attacks on Employee Separation Agreements; Now the SEC Joins the Fray

Williams Mullen on

In early September, the Securities and Exchange Commission (“SEC” or “Commission”) settled a charge it brought against Monolith Resources, LLC, a Nebraska-based energy and technology company. The SEC claimed in the charge...more

Jenner & Block

Non-Competes Under Attack

Jenner & Block on

In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: NLRB Announces that many Non-Compete Agreements are now in Violation of Federal Law

Shumaker recently published a Client Alert about the Federal Trade Commission’s (FTC) proposed rule essentially banning the use of non-competition agreements. In that Alert we advised clients that they should take a “wait and...more

Society of Corporate Compliance and Ethics...

Federal Trade Commission proposes a noncompete ban: Five things to know

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

TransPerfect Legal on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

Brownstein Hyatt Farber Schreck

FTC Extends Comment Deadline on Noncompete Rule

Comments on the Federal Trade Commission’s proposed noncompete clause rulemaking will now be accepted until April 19. The FTC voted 4-0 yesterday to extend the public comment window by roughly 30 days; it was initially set to...more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

Bass, Berry & Sims PLC on

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Gray Reed

Navigating the Proposed Elimination of Employee Non-Compete Agreements

Gray Reed on

If you have been around Texas construction in the past decade, you’ve no doubt heard about a foreman shopping his crew around. You’ve probably worried about a key superintendent or project manager taking his skills to your...more

Brownstein Hyatt Farber Schreck

The Federal Trade Commission Proposes Ban on Employer-Worker Non-Compete Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) seeking to categorically ban nearly all employer non-competition agreements nationwide. If passed in its draft form,...more

Steptoe & Johnson PLLC

FTC Proposes A Blanket Ban On Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more

White & Case LLP

Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements

White & Case LLP on

The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more

Butler Snow LLP

FTC Issues Proposed Rule Banning Non-Compete Agreements

Butler Snow LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more

Bradley Arant Boult Cummings LLP

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

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