News & Analysis as of

Appeals Preliminary Injunctions

Stevens & Lee

FTC Asserts Its Rulemaking Authority in Opening Brief Defending Its Ban on Noncompetes

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On Nov. 5, the Federal Trade Commission (FTC) filed its opening brief in its pending appeal in Properties of the Villages, Inc. v. FTC,No. 24–13102 (M.D. Florida). As previously reported, on Aug. 14, Judge Timothy Corrigan...more

McDermott Will & Emery

Pre-Markman Claim Construction Is OK, Within Limits

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In an appeal stemming from the denial of a preliminary injunction and dismissal of the complaint, the US Court of Appeals for the Federal Circuit clarified its precedent and explained that a district court may construe claims...more

Morrison & Foerster LLP

Tapestry/Capri Handbag Merger Temporarily Halted by S.D.N.Y.

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On October 24, 2024, Judge Rochon of the U.S. District Court for the Southern District of New York granted the Federal Trade Commission’s (FTC) motion for a preliminary injunction to prevent Tapestry, Inc. (“Tapestry”) from...more

Morrison & Foerster LLP

FTC Appeals Texas Court’s Ruling Blocking FTC’s Non-compete Ban

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The Federal Trade Commission (FTC) has appealed a ruling from a Texas district court that set aside the FTC’s rule banning non-competes with employees (the “Rule”). As we previously reported, on August 20, 2024, Judge Ada E....more

Pierce Atwood LLP

Noncompete Rule Update: FTC Appeals Decision Overturning Ban

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The Federal Trade Commission (FTC) has appealed a Texas federal district court decision invalidating its rule governing non-competition agreements. In August 2024, in the case of Ryan LLC v. Federal Trade Commission,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Update: Sixth Circuit Stays Preliminary Injunction Against Ohio Foreign National Ban Pending Appeal

On October 8, 2024, the U.S. Court of Appeals for the Sixth Circuit granted the state of Ohio’s motion to stay a preliminary injunction, previously issued by the U.S. District Court for the Southern District of Ohio, against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC to Appeal Florida Court’s Preliminary Injunction of Noncompete Ban Following Texas Court’s Block

The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis....more

Seyfarth Shaw LLP

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

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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

A&O Shearman

Federal Circuit Clarifies That The Meaning Of A Claim Term Can Vary While Still Remaining Consistent

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On September 16, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision from the District Court of Minnesota which held the asserted claims of medical...more

Perkins Coie

District Court Rules SpaceX Likely To Succeed in Challenging NLRB Constitutionality

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Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more

Quarles & Brady LLP

Texas Federal Judge Strikes Down FTC Non-Compete Ban

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Judge Ada Brown of the U.S. District Court for the Northern District of Texas on Tuesday struck down the Federal Trade Commission’s (FTC) pending ban on non-compete covenants, concluding that the issuance of the FTC’s Rule...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

A&O Shearman

Federal Circuit Upholds Preliminary Injunction Barring Sale Of Cancer Test

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On July 12, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the U.S. District Court for the Middle District of North Carolina granting a preliminary injunction that barred...more

McDermott Will & Emery

Preliminary Injunction Upheld in Cancer Relapse Detection Case

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The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including...more

Sullivan & Worcester

Uncertainty Heightened as Two District Courts Reach Conflicting Conclusions on FTC Non-Compete Ban’s Enforceability

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Just weeks after a federal court in Texas held that the Federal Trade Commission (“FTC”) exceeded its authority in issuing a rule banning nearly all non-compete agreement (and, therefore, the plaintiffs challenging that rule...more

Ballard Spahr LLP

Colorado appeals to Tenth Circuit from Federal District Court order granting plaintiffs’ motion for a preliminary injunction in...

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On the very last day for filing an appeal, the Colorado Attorney General and UCCC Administrator filed a Notice of Appeal to the Tenth Circuit Court of Appeals of the Colorado federal district court’s order in favor of the...more

Bradley Arant Boult Cummings LLP

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening Test

Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test...more

A&O Shearman

FTC's non-compete rule in limbo following Texas District Court’s preliminary injunction

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On July 3, 2024, the United States District Court for the Northern District of Texas (the “Court”) in Ryan LLC v. Federal Trade Commission (“Ryan”) preliminarily enjoined the U.S. Federal Trade Commission (“FTC”) from...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Moore & Van Allen PLLC

Employers in Limbo After Ruling on FTC’s Non-Compete Ban

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Recent headlines implying a general a stay of the Federal Trade Commission’s non-compete rule are misleading. Here’s what employers need to know.  On April 23, 2024, the Federal Trade Commission approved a rule banning...more

McDermott Will & Emery

Texas Court Postpones FTC Noncompete Ban

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On July 3, 2024, the US District Court for the Northern District of Texas stayed the September 4, 2024, implementation date (the effective date) of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete...more

Perkins Coie

Employers Left in Limbo by FTC Noncompete Decision

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In Ryan v. Federal Trade Commission, Federal District Court Judge Ada Brown released a much-anticipated preliminary injunction decision against the Federal Trade Commission (FTC) regarding its pending “Non-Compete Ban.” Case...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact of Senior Executive Exception on Health Care Entities

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The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry. Because of the structural and organizational...more

Foley Hoag LLP

Federal Court Stays FTC’s Noncompete Ban, But Only for Named Plaintiffs

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On July 3, 2024, Judge Ada Brown in the Northern District of Texas issued her highly anticipated decision in Ryan LLC v. FTC addressing plaintiff Ryan LLC’s motion for a preliminary injunction seeking to stay enforcement of...more

Dechert LLP

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

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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

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