News & Analysis as of September 20, 2024

Restrictive Covenants

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Competition Currents: Summer 2024 News Round Up

Baker Botts L.L.P. on 9/19/2024

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Preliminary Injunction Partially Blocks FTC Noncompete Ban

Benesch on 7/5/2024

Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more

The First Ruling Is In: FTC Noncompete Rule Enjoined - But No Nationwide Impact

BakerHostetler on 7/5/2024

Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

Parker Poe Adams & Bernstein LLP on 5/10/2024

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

FTC Strikes Down Noncompete Agreements

Venable LLP on 5/6/2024

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

Holland & Knight LLP on 4/25/2024

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is...more

FTC Approves Final Rule, Would Ban Most Employment Non-compete Agreements

Lathrop GPM on 4/24/2024

The Federal Trade Commission (“FTC”) voted and approved the issuance of a final rule, the Non-Compete Clause Rule, that, if it goes into effect, will make future employment non-compete agreements unenforceable and will...more

FTC Votes to Ban Non-Compete Agreements

Tucker Arensberg, P.C. on 4/24/2024

In a Special Open Commission Meeting, the Federal Trade Commission voted to approve the final rule to ban non-compete agreements for for-profit businesses, the effective date of such ban being in 120-days....more

FTC Adopts Final Rule Banning Employers From Entering Non-Competes

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2024

On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more

Noncompete, Overtime Rules Change, But Legal Challenges Remain

DarrowEverett LLP on 4/24/2024

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

FTC approves final rule banning noncompetition agreements

Eversheds Sutherland (US) LLP on 4/24/2024

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Skadden, Arps, Slate, Meagher & Flom LLP on 3/26/2024

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Parker Poe Adams & Bernstein LLP on 4/7/2023

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

FTC’s Unprecedented Move Against Non-Competition Agreements Remains Center Stage (and a Mess) As More People, Organizations and...

Benesch on 3/7/2023

As previously highlighted by Benesch, the Federal Trade Commission (“FTC”) kicked off 2023 by proposing an unprecedented, sweeping “crack-down” on non-competition agreements. The FTC's proposed rule (“Rule”) would ban...more

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

BakerHostetler on 2/28/2023

We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes

PilieroMazza PLLC on 2/16/2023

In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC...more

#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on 2/15/2023

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

Proskauer - Law and the Workplace on 2/13/2023

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more

More Signs of Trouble for Non-Compete Agreements

Polsinelli on 2/10/2023

Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them. This,...more

Non-competition Agreements under Scrutiny at State and Federal Level

Dorsey & Whitney LLP on 2/3/2023

Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Navigating the FTC’s Proposed Rule Banning Non-Competes

Williams Mullen on 1/30/2023

Williams Mullen attorneys Jim Burns (Antitrust & Trade Regulation) and Laura Windsor (Labor, Employment & Immigration) discuss the recent seismic movements at the FTC regarding a proposed rule banning non-competes in...more

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

Foley & Lardner LLP on 1/27/2023

The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Minnesota Again Considers Banning Non-Competes

Nilan Johnson Lewis PA on 1/20/2023

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

Proskauer - Minding Your Business on 1/20/2023

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

Federal Trade Commission Proposes Sweeping Changes to Noncompete Agreements Nationwide

Fenwick & West LLP on 1/20/2023

On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more

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Non-Compete Agreements › Biden Administration › Restrictive Covenants

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