On August 20, 2024, the court in Ryan LLC v. FTC, pending in the Northern District of Texas, granted the plaintiff and intervenors’ motions for summary judgment. The court ruled that the FTC lacked statutory authority to...more
At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States.
Though legal...more
On Wednesday, July 3, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission granted a limited stay of the effective date for the Federal Trade Commission’s (FTC) final rule on...more
On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements.
The final rule bans all non-competes nationwide, including de facto non-competes,...more
4/25/2024
/ Corporate Executives ,
Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more
1/30/2024
/ Biometric Information Privacy Act ,
Class Action ,
Compliance ,
Corporate Counsel ,
Genetic Testing ,
Illinois ,
Medical History ,
Penalties ,
Privacy Laws ,
Private Right of Action ,
Retaliation ,
Wellness Programs
The Federal Trade Commission (FTC) and Department of Labor (DOL, together “the Agencies”) signed a Memorandum of Understanding (MOU) to join forces to combat anticompetitive practices in the labor market. Under the MOU, the...more
On January 5, 2023, in a dramatic and far-reaching agency action, the Federal Trade Commission (FTC) published a notice of proposed rulemaking, effectively banning all non-compete agreements, nationwide. The FTC’s proposed...more
1/12/2023
/ Biden Administration ,
Compliance ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants
California employers, both new and old, should take note of pending bills that could further expand companies’ legal responsibilities under California’s extensive and unique labor and employment laws. Below is a sampling of...more
The Supreme Court repeatedly has enforced arbitration agreements according to their terms. The Court also has repeatedly found preempted state laws that attempt to limit the Federal Arbitration Act’s (“FAA”) objectives....more