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FTC’s Rule Banning Non-Competes Set Aside: How Did We Get Here and What’s Next?

On August 20, 2024, U.S. District Judge Ada Brown of the Northern District of Texas issued her much-anticipated final decision in Ryan LLC and Chamber of Commerce et al v. Federal Trade Commission, ‎and set aside the FTC’s...more

FTC’s Final Rule Banning Non-Competes: What Is It and How “Final” Is It?

On April 23, 2024, the Federal Trade Commission issued its long-awaited Final Non-Compete Clause Rule, which operates to ban most post-employment non-compete agreements between employers and their workers. However, the Final...more

The Federal Trade Commission Issues ‎Non-Compete Ban, but Legal Challenges Await‎

As we previously covered, on January 5, 2023 the Federal Trade Commission issued a proposed rule regarding the enforceability of non-compete agreements. The proposed rule followed President Biden’s July 9, 2021, Executive...more

How Inflation in 2022 Could Affect Non-Compete Agreements in 2023

Employers do not need to be reminded that inflation reared its ugly head in 2022. Whether it was ‎the price of gas at the pump, food, vehicles, or computers, the cost of ‎doing business certainly went up last year. But...more

FTC Proposes Broad Non-Compete Ban: ‎What Employers Can Expect Next

On July 9, 2021, President Biden signed an Executive Order aimed at “Promoting Competition in the American Economy.” Among the dozens of initiatives proposed within the order was a directive to the Chair of the Federal Trade...more

The Federal Trade Commission Targets M&A Non-Competes

As we discussed last year, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” in which he encouraged the Federal Trade Commission (“FTC”) to “curtail the unfair use...more

‎“Know What’s Below, Call Before You Dig”: New State-Law Non-Compete Traps May Lie ‎Beneath the Surface

Just as homeowners are encouraged to reach out before digging in their yard to make sure there are no buried dangers, employers are also encouraged to do their due diligence before burrowing into the ground searching for a...more

Biden Administration Executive Order Seeks to “Curtail the Unfair Use of Non-Compete ‎Clauses”‎

As we previously alerted you, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy.” Among other things, the Executive Order addressed the President’s desire for the...more

Non-Compete Agreements: One Size May Not Fit All

In December 2019, the Economic Policy Institute (EPI) released a report that revealed a continued increase in the use of non-competition agreements in the workplace. According to the EPI study, between 36 and 60 million...more

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