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2024 Election - Implications on Life Sciences - Update

With President-elect Trump announced as the winner of the 2024 election, the landscape of U.S. policy is poised for potential shifts that could significantly impact the life sciences sector. To a large degree, the extent to...more

FTC’s Non-Compete Rule Blocked by Texas Federal Court

On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers. The...more

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

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

Navigating the Shift: The Future of Non-Compete Clauses

At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...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

Federal Trade Commission Proposes National Ban on Employee Non-Compete Agreements

The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more

Duplicative Non-Compete Provisions in Employment Contracts Might Defang Choice of Forum Provisions in Corporate Formation...

Repetition is not always a rhetorical virtue. Delaware entities seeking to enforce non-compete provisions exclusively in Delaware courts have now been warned: Including non-compete agreements in employment contracts with...more

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