News & Analysis as of

Biden Administration FTC Act Non-Compete Agreements

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Venable LLP

FTC Strikes Down Noncompete Agreements

Venable LLP on

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

BakerHostetler on

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Jenner & Block

Non-Competes Under Attack

Jenner & Block on

In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

Epstein Becker & Green

Final FTC Rule on Non-Competes Not Expected Before April 2024

Epstein Becker & Green on

According to Bloomberg, The Federal Trade Commission (“FTC”) is not expected to vote on the final version of a new rule that would ban noncompete clauses in employment contracts until April 2024. The rule defines a...more

Epstein Becker & Green

#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more

Proskauer - Law and the Workplace

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more

Williams Mullen

Navigating the FTC’s Proposed Rule Banning Non-Competes

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Williams Mullen attorneys Jim Burns (Antitrust & Trade Regulation) and Laura Windsor (Labor, Employment & Immigration) discuss the recent seismic movements at the FTC regarding a proposed rule banning non-competes in...more

Foley & Lardner LLP

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Nilan Johnson Lewis PA

Minnesota Again Considers Banning Non-Competes

Nilan Johnson Lewis PA on

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Proskauer - Minding Your Business

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

Fenwick & West LLP

Federal Trade Commission Proposes Sweeping Changes to Noncompete Agreements Nationwide

Fenwick & West LLP on

On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more

Schwabe, Williamson & Wyatt PC

Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements

On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Harris Beach PLLC

Federal Trade Commission’s Focus on Non-Compete Clauses has Health Care Implications

Harris Beach PLLC on

As proposed, the Federal Trade Commission’s proposed rule to prohibit employers from using non-compete clauses in employment agreements would have sweeping impact on health care practices and hospitals employing restrictive...more

Bracewell LLP

FTC Pursues Crackdown on Employee Noncompetes

Bracewell LLP on

Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban...more

Foley & Lardner LLP

Non-Competes: A New Year Means Higher Income Thresholds In Many States

Foley & Lardner LLP on

Earlier this month, we reported on the Federal Trade Commission’s (FTC) proposed regulation that, if adopted, would essentially abolish employee non-competes across the United States. While we await (and will promptly report...more

Rumberger | Kirk

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

Rumberger | Kirk on

For the Federal Trade Commission’s (FTC) proposed rule to ban non-compete clauses to become law, many hurdles would have to be overcome. Those who follow politics in this country have aptly observed that this is unlikely due...more

Morrison & Foerster LLP

FTC Takes Unprecedented Enforcement Actions Against Non-Compete Restrictions

On January 4, 2023, the Federal Trade Commission (“FTC”) announced settlements with three companies for their use of employee non-compete restrictions in alleged violation of Section 5 of the FTC Act. Specifically, the FTC...more

AEON Law

Patent Poetry: Is this the end of the employee non-compete?

AEON Law on

On January 5, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that seeks to severely limit the scope of employee non-competes. This would bring federal law into alignment with the laws of...more

Flaster Greenberg PC

Is the government banning my non-competition agreements?

Flaster Greenberg PC on

Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more

King & Spalding

FTC Proposes Nationwide Ban on Non-Competes

King & Spalding on

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

Smith Gambrell Russell

FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements

Smith Gambrell Russell on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more

Miles & Stockbridge P.C.

FTC’s New Proposed Rule Could Ban Non-Compete Agreements

The Federal Trade Commission (FTC) proposed a rule last week that would ban employers from requiring workers to sign non-compete provisions in employment contracts. The rule also would prevent employers from entering into new...more

Seward & Kissel LLP

The Federal Trade Commission Proposes Sweeping Ban on Non-Competition Restrictions

Seward & Kissel LLP on

On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that, if passed, would deem non-compete clauses an “unfair method of competition” prohibiting all employers from entering into these...more

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