News & Analysis as of

Nonprofits Federal Trade Commission (FTC)

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Venable LLP

Federal Court Narrowly Construes FTC Jurisdiction Over Nonprofit Institutions

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In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution. Late last year, the FTC...more

Stevens & Lee

American Hospital Association and Federation of American Hospitals File Amicus Brief in the Ryan Case

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In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the...more

Bricker Graydon LLP

What Does FTC’s Ban of Non-Competes Mean for Healthcare Non-Profits?

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On April 23, 2024, the Federal Trade Commission (FTC) approved the proposed ban on non-compete agreements. Under the new rule, existing non-competes for senior executives remain enforceable....more

Seyfarth Shaw LLP

FTC Signals Its Intent To Pursue Nonprofit Health Care Entities With Its Non-compete Ban Whenever Possible

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Are nonprofit health care entities exempt from the Federal Trade Commission’s (FTC) Final Rule banning non-competes in worker agreements? The answer is not cut and dry. While the FTC’s authority generally stops at the doors...more

Chambliss, Bahner & Stophel, P.C.

FTC Regulation May Extend to Charities: What Nonprofits Need to Know

Were you paying attention to the recent news about the Federal Trade Commission’s (FTC) rule banning noncompetition clauses (the Rule)? You may have missed this critical point the FTC included as part of the rollout of that...more

Cozen O'Connor

FTC Issues Final Rule Banning Noncompetes: Implications on Nonprofit Health Care Systems Are Uncertain

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On April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule regarding noncompete clauses, and which determined that such clauses are an unfair method of competition and therefore violate section 5 of the...more

Dentons

FTC Issues in Healthcare

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The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant...more

Hendershot Cowart P.C.

How Will the FTC Ban on Non-Competes Impact the Healthcare Industry?

There is a misperception that the Federal Trade Commission’s (FTC) ban on non-compete clauses excludes hospitals and healthcare entities. This is not exactly the case. Some employers are outside the FTC’s jurisdiction and...more

Morrison & Foerster LLP

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

Houston Harbaugh, P.C.

The Coming Rule & Battle over Non-Compete Agreements

The battle over non-compete agreements is gearing up. The Federal Trade Commission voted last week to adopt a Final Rule, as promised back in January 2023, that largely bans non-competes. Lawsuits are being filed to block it....more

Williams Mullen

Are Your Non-Competes Still Valid? A Summary of the New Federal Trade Commission Rule

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On April 23, 2024, the Federal Trade Commission (FTC), pursuant to sections 5 and 6(g) of the Federal Trade Commission Act (the “Act”), issued their final “Non-Compete Clause Rule” (Rule). This Rule provides that non-competes...more

BakerHostetler

FTC’s Final Rule on Nonprofits - wait, no - Noncompetes

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The FTC released its final rule banning noncompetes last week. The lengthy (570-page) rulemaking provides ample fodder for legal minds to mull over for the near future, but for readers in the healthcare industry, we can...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

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As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Bricker Graydon LLP

Non-Compete Update - Lawsuits Flying Already     

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In news that will surprise absolutely no one, the US Chamber of Commerce has already filed a lawsuit trying to block enforcement of the FTC’s non-compete ban. The lawsuit was filed in … wait for it … Texas – the state where...more

Saul Ewing LLP

FTC Bans Non-Competes; Potential Impact on Hospitals, Health Care Practices and Physicians

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On April 23, 2024, the Federal Trade Commission (FTC) approved a final rule (the “Rule”) broadly banning all employee non-compete clauses, with limited exceptions. The Saul Ewing Labor and Employment Group prepared an alert...more

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

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As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

Husch Blackwell LLP

FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

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On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and...more

Amundsen Davis LLC

FTC Votes to Ban Non-Compete Clauses: What Does this Mean for Employers?

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The Federal Trade Commission (FTC) voted 3-2 on April 23 to issue its final noncompete rule. The Rule becomes effective in 120 days. However, it already has been challenged in federal court in the State of Texas, and more...more

Cozen O'Connor

Federal Legislators Introduce the American Privacy Rights Act

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A bipartisan, bicameral legislative proposal to create a federal comprehensive data privacy framework may be back on the table. On April 7, 2024, House Energy and Commerce chair Rep. Cathy McMorris Rogers (R-WA) and Senate...more

Wiley Rein LLP

10 Things to Know About the APRA – the Latest Federal Privacy Law Effort

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Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more

ArentFox Schiff

10 Legal Issues for Nonprofit and Association Leadership in 2024

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As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more

BakerHostetler

AD-ttorneys@law - January 2024

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Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more

Tucker Arensberg, P.C.

FTC Proposes a Rule to Prohibit Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) took a dramatic step by proposing a new rule that would prohibit companies from entering into non-compete agreements with its workers. The proposed rule, if approved,...more

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