News & Analysis as of

Injunctions

Verrill

Pennsylvania Suit Against Musk for Operating an Illegal Lottery

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In a follow up to my previous post Who Needs Rules? Elon’s Election $1MM A Day Giveaway, the Commonwealth of Pennsylvania filed a Civil Action today in the Court of Common Pleas in Philadelphia County seeking an injunction to...more

CDF Labor Law LLP

FTC Appeals Injunction Against Final Rule Banning Non-Compete Employment Agreements

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Last Friday, the Federal Trade Commission (“FTC”) gave notice to appeal Judge Brown’s nationwide bar on the FTC’s final rule creating a Non-Compete Ban or enforcement of the rule in the case of Ryan LLC v. Federal Trade...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Amneal -- Amneal's Responsive Brief & Teva's Reply Brief

The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals wherein the District Court entered an injunction ordering...more

Cooley LLP

Freeze! Do You Have a ‘Good Arguable Case’?

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In dos Santos v. Unitel S.A., the Court of Appeal helpfully cut through some conflicting authorities and restated a key requirement that applicants must satisfy to be granted freezing injunctions....more

Carey Olsen

Freezing injunctions in the BVI: a recent development from England

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The recent English Court of Appeal decision in Dos Santos v Unitel SA [2024] EWCA Civ 1109 provides welcome clarification as to the test for obtaining a freezing injunction. The English Court of Appeal found that an...more

Kilpatrick

Significant Shift in Proof to Obtain Interim Injunction in the Common Law Countries

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The court in American Cyanide Co. (No. 1) v. Ethicon Ltd. (1975) UKHL 1, established guidelines for when courts should grant interim injunctions. There, an American company, American Cyanide, claimed a British company,...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Injunction to Prevent Presumptive Gender and Race Preferences for DOT Contracts Within Kentucky and Indiana

With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge. The Court issued a...more

Cozen O'Connor

Republican AGs Argue Court Fumbled Decision Blocking Launch of Live Sports Content Platform

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A group of six Republican AGs filed an amicus brief with the U.S. Court of Appeals for the Second Circuit in litigation between Walt Disney Co. and FuboTV that argued that the Second Circuit should reverse the lower court’s...more

Patterson Belknap Webb & Tyler LLP

Court Blocks FTC Rule Banning Almost All Worker Non-Compete Deals

A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024...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

Walkers

Less Appeals? Cayman Islands Court of Appeal clarifies the test for leave to appeal to the Privy Council

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In a recent case the Cayman Islands Court of Appeal has refused to grant leave to appeal to the Judicial Committee of the Privy Council in respect of an injunction ordered in support of a foreign arbitration....more

Cozen O'Connor

The State AG Report – 8.22.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas Court Ruling Deals Blow to FTC Non-Compete Rule - ...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

Weintraub Tobin

FTC Rule Ruled Unenforceable Nationwide

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The Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing...more

McGlinchey Stafford

Texas District Court Blocks FTC Non-Compete Rule

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The rule was previously set to go into effect on September 4, 2024. It would have broadly banned the enforcement on non-compete clauses in employment agreements for nearly all employees nationwide and required employers to...more

Troutman Pepper

New Hampshire AG Files Criminal Charges Against Owner for CPA Violations

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On August 20, New Hampshire Attorney General (AG) John Formella announced the arrest of Ricky Southers, the owner of Southers Construction, Inc., for allegedly violating the terms of an injunction issued under the state’s...more

Porter Hedges LLP

UPDATE: FTC Non-Compete Ban Blocked by Federal Judge in Texas

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As we predicted back in our May post, the sky is not falling in the world of non-compete agreements. After the Federal Trade Commission (“FTC”) issued its controversial final rule on April 23, 2024, which voided existing...more

Greenbaum, Rowe, Smith & Davis LLP

Federal District Court in Texas Blocks FTC Non-Compete Final Rule

On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the Federal Trade Commission’s (FTC) ban on most non-compete provisions. As we have previously advised, the FTC’s final rule...more

Cozen O'Connor

Texas Court Ruling Deals Blow to FTC Non-Compete Rule

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The FTC’s Final Rule banning non-compete clauses in employment agreements has been struck down by a federal judge in the Northern District of Texas. In Ryan LLC v. FTC (Civil Action No. 3:24-CV-00986-E), the court issued an...more

Conn Maciel Carey LLP

Federal Court Vacates FTC’s Non-Compete Rule

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As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

Wiley Rein LLP

Texas Federal District Court Sets Aside Federal Trade Commission Non-Compete Ban Nationwide

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On Tuesday, August 20th, the U.S. District Court for the Northern District of Texas issued a nationwide injunction barring enforcement of the Federal Trade Commission's (FTC) ban on non-compete agreements in employment...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

Amundsen Davis LLC

Federal Judge Blocks FTC Non-Compete Ban

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Following a split between federal district courts (federal judges in Texas and Florida ruled to temporarily block the Federal Trade Commission’s ban while a Pennsylvania court upheld it), a federal district judge in Texas has...more

Levenfeld Pearlstein, LLC

Texas Federal Court Strikes Down FTC’s Non-Compete Ban

On Tuesday, August 20, U.S. District Judge Ada Brown granted summary judgment, in favor of blocking the Federal Trade Commission’s (“FTC”) rule banning non-competes (the “Rule”). The Rule, which had been scheduled to go into...more

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