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Philadelphia Federal Court Refuses to Enjoin FTC Non-Compete Rule

On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more

Federal Court Preliminarily Enjoins FTC Ban on Employee Non-Compete Agreements, But Not for the Vast Majority of Employers

In April 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced a Final Rule that would prohibit nearly all existing and future non-compete agreements between employers and workers, subject to specified...more

PE Firm with Minority Interest Defeats Antitrust Claim—But FTC Scrutiny of Roll-Ups Likely to Continue

District court finds minority investors in companies accused of antitrust violations are not liable solely by virtue of holding a minority ownership stake. To obtain injunctive relief, the FTC must allege specific facts...more

Federal Trade Commission Adopts Final Rule Imposing Near-Total Ban on Employee Non-Compete Agreements

After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more

Delaware Chancery Court Invalidates Non-Compete, Continuing Trend

The Delaware Chancery Court has issued yet another decision invalidating restrictive covenants, continuing a trend of recent decisions in which the court has refused to “blue-pencil,” or modify, covenants. In Sunder Energy,...more

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