Katherine Perrelli at Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2024

As we navigate a rapidly evolving business and legal landscape, Seyfarth proudly presents the latest edition of our flagship publication, the 50-State Non-Compete Desktop Reference. Crafted with precision by our nationally...more

12/11/2024 / Choice-of-Law , Competition , Contract Terms , Inevitable Disclosure Doctrine , Intellectual Property Protection , Non-Compete Agreements , Restrictive Covenants , Trade Secrets , UTSA

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more

9/25/2024 / Administrative Procedure Act , Appeals , Arbitrary and Capricious , Confidential Information , Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Hiring & Firing , Intellectual Property Protection , Motion To Stay , Non-Compete Agreements , Preliminary Injunctions , Restrictive Covenants , Summary Judgment

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

8/21/2024 / Arbitrary and Capricious , Competition , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , FTC Act , Hiring & Firing , Intellectual Property Protection , Non-Compete Agreements , Regulatory Authority , Restrictive Covenants , Unfair Competition

BREAKING: Federal Judge Rules FTC’s Non-Compete Ban to be Set Aside Nationwide

This just in: Judge Ada Brown ruled yesterday on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary...more

8/21/2024 / Arbitrary and Capricious , Employees , Employer Liability Issues , Employment Contract , Employment Litigation , Federal Trade Commission (FTC) , Final Rules , Hiring & Firing , Non-Compete Agreements , Regulatory Authority , Restrictive Covenants

Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible

As we recently reported, in its Final Rule banning most worker non-competes, the Federal Trade Commission (“FTC”) previously warned of its intent to vigorously enforce its non-compete ban wherever possible, which may include...more

8/19/2024 / American Hospital Association , Employees , Federal Trade Commission (FTC) , Final Rules , Hospitals , Internal Revenue Code (IRC) , Non-Compete Agreements , Non-Profit Hospitals , Tax Exemptions

Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban

Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more

7/24/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , FTC Act , Hiring & Firing , Labor Regulations , Non-Compete Agreements , Regulatory Requirements , State Labor Laws

UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case

In a rapid-fire response, the Ryan Court in the Northern District of Texas this morning denied Plaintiff and Plaintiff-Intervenors’ Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, and...more

7/12/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban

Having achieved a milestone in obtaining a limited preliminary injunction halting the application of the FTC ban on non-competes effective September 4, 2024 as to the named plaintiffs and plaintiff-intervenors in its Texas...more

7/11/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes

The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers....more

7/8/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

6/21/2024 / Corporate Counsel , Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Good Faith , Non-Compete Agreements , Restrictive Covenants , Safe Harbors , Unfair Competition

FTC Non-Compete Ban: What You Need to Know (UPDATED)

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more

6/12/2024 / Chevron Deference , Constitutional Challenges , Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , FTC Act , Non-Compete Agreements , Popular , Proposed Rules , Restrictive Covenants , Section 5 , Unfair Competition

FTC Non-Compete Ban: What You Need to Know

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more

4/25/2024 / Competition , Confidential Information , Contract Terms , Employer Liability Issues , Employment Contract , Federal Labor Laws , Federal Trade Commission (FTC) , Final Rules , FTC Act , Hiring & Firing , Intellectual Property Protection , Labor Reform , Non-Compete Agreements , Restrictive Covenants

FTC Approves Rule Banning Non-Competes With Workers

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more

4/24/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Labor Laws , Federal Trade Commission (FTC) , Final Rules , FTC Act , Hiring & Firing , Labor Reform , Non-Compete Agreements , Proposed Rules , Trade Secrets

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more

2/16/2024 / Arbitration , Artificial Intelligence , Banks , Class Action , Commercial Bankruptcy , Commercial Court , Commercial Litigation , Consumer Financial Protection Bureau (CFPB) , Copyright , Department of Justice (DOJ) , Environmental Social & Governance (ESG) , Federal Trade Commission (FTC) , Financial Services Industry , Intellectual Property Protection , Machine Learning , Merger Agreements , Patents , Trademarks

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our...more

12/20/2023 / Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , NLRB , Non-Compete Agreements , Restrictive Covenants , State Labor Laws , Trade Secrets

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2023

Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

11/8/2023 / Confidential Information , Confidentiality Agreements , Contract Terms , Corporate Counsel , Employment Contract , Enforceability , Hiring & Firing , Intellectual Property Protection , Job Applicants , Labor Reform , Non-Compete Agreements , Non-Disclosure Agreement , Non-Solicitation Agreements , Restrictive Covenants , Risk Mitigation , State Labor Laws , Trade Secrets

The NLRB Joins the Fray: Another Attack on Non-Competes

The FTC is not alone in taking aim at non-competes. Yesterday, the NLRB’s General Counsel Jennifer Abruzzo issued a memo to all regional directors, officers-in-charge, and resident officers at the NLRB stating that...more

6/1/2023 / Employer Liability Issues , NLRA , NLRB , Non-Compete Agreements , Restrictive Covenants

Today’s the Day: Deadline to Submit Comments to the FTC

For those interested in commenting on the FTC’s proposed rule banning nearly all non-competes, today, April 19, is your deadline to do so!...more

4/20/2023 / Comment Period , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Proposed Rules , Restrictive Covenants

FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th

The FTC announced yesterday that it was extending the deadline to submit public comments on its proposed rule banning employment non-competes. ...more

3/7/2023 / Comment Period , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Proposed Rules , Public Comment , Restrictive Covenants

“Noisy Exit” of FTC Commissioner Christine Wilson Signals Increasingly Contentious Efforts to Regulate Non-Compete Clauses at...

As earlier reported on this blog, Commissioner Christine Wilson, the sole dissenter in the Federal Trade Commission’s proposed rule banning non-competes, announced yesterday that she is resigning from the agency over her...more

2/16/2023 / Federal Trade Commission (FTC) , FTC Commissioners , Non-Compete Agreements , Resignation

Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more

1/30/2023 / Arbitration , Commercial Bankruptcy , Commercial Insurance Policies , Commercial Litigation , Dispute Resolution , Federal Arbitration Act , International Arbitration , Trade Secrets

FTC Proposes Rule Banning Use of Non-Competes with Employees and Workers and Limiting Employer Protections Against Unfair...

Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns,...more

1/6/2023 / Competition , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Proposed Rules , Restrictive Covenants

Katherine Perrelli

Seyfarth Shaw LLP

Popular Topics by This Author

Latest Publications