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Texas Federal Court ‘Sets Aside’ FTC’s Noncompete Clause Rule

Judge Ada Brown of the US District Court for the Northern District of Texas entered a final judgment in Ryan LLC v. Federal Trade Commission (FTC) on August 20, 2024, holding unlawful and setting aside the FTC Noncompete...more

8/22/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Federal Trade Commission Noncompete Clause Rule Litigation Update

The Federal Trade Commission on April 23 approved a Final Rule banning almost all worker noncompete clauses (noncompete rule). Absent a court entering a nationwide injunction or vacating the rule, it is set to go into effect...more

8/1/2024  /  Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 4—Timing of Taxation under Code...

This is the fourth part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC) banning the enforcement of almost all noncompete...more

5/22/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Internal Revenue Code (IRC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

5/14/2024  /  Acquisitions , Employee Benefits , Employer Liability Issues , Employment Contract , Executive Compensation , Federal Trade Commission (FTC) , Mergers , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 2—Prohibited vs. Permissible...

This is the second in a multipart series on ML BeneBits discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC) banning the enforcement of almost all noncompete...more

5/8/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

Executive Compensation Fallout After Sweeping FTC Ban on Noncompetes: Part 1—The Who, What, When, and What to Do Now

On April 23, the Federal Trade Commission (FTC) approved by a 3-2 vote a Final Rule that, if it becomes effective, will ban almost all noncompete clauses for nearly all workers. This is the first in a blog series exploring...more

5/2/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

FAQs on Federal Trade Commission’s Rule Banning Worker Noncompete Clauses

On April 23, the Federal Trade Commission (FTC), by a 3-2 vote, approved a Final Rule banning almost all worker noncompetes. The Final Rule will go into effect 120 days following its publication in the Federal Register. In...more

4/29/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

FTC Issues Ban on Noncompete Clauses for All Workers, Including Senior Executives After Effective Date

The Federal Trade Commission (FTC) conducted an open commission meeting on April 23 where the five FTC Commissioners voted on a final rule that would prevent employers from enforcing noncompetes against nearly all workers....more

4/24/2024  /  Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

FTC’s Proposed Ban on Noncompete Clauses May Have Far-Reaching Implications for Executive Compensation

The Federal Trade Commission (FTC) announced a notice of proposed rulemaking on January 5, 2023, that would ban employers from entering into or maintaining noncompete clauses with their workers. The proposal was issued in...more

1/18/2023  /  Employee Benefits , Employment Contract , Executive Compensation , Federal Trade Commission (FTC) , FTC Act , Non-Compete Agreements , Proposed Rules , Section 5 , Unfair Competition

FAQs on Federal Trade Commission’s Proposed Rule Banning Worker Noncompete Clauses

The Federal Trade Commission’s (FTC’s) January 5, 2023, notice of proposed rulemaking would ban businesses from entering into and maintaining noncompete clauses with workers. In this LawFlash, we answer several frequently...more

1/13/2023  /  Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , FTC Act , Hiring & Firing , Non-Compete Agreements , Restrictive Covenants , Unfair Competition
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