News & Analysis as of

Chamber of Commerce Administrative Procedure Act

Womble Bond Dickinson

Federal Court Strikes Down FTC's Noncompete Clause Rule

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As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule...more

Stevens & Lee

Headed to the Finish Line – The FTC’s Noncompete Rule

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On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,...more

McGlinchey Stafford

PFAS Hazardous Substance Designation Under CERCLA Challenged

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On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more

Robinson & Cole LLP

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties

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In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas enjoined the FTC from implementing or enforcing its noncompete ban (the “Final Rule”) mainly on the grounds that it exceeds...more

Epstein Becker & Green

Plaintiffs in Ryan Case Seek Nationwide Injunction of FTC Noncompete Rule; U.S. Chamber of Commerce Also Seeks Associational...

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We previously reported that Ryan LLC (“Plaintiff”) and the United States Chamber of Commerce (“Plaintiff-Intervenor”), in anticipation of the Northern District of Texas’s merits disposition, would likely seek nationwide...more

Jackson Walker

Court Issues Injunction against Enforcement of FTC Non-Compete Rule

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On July 3, 2024, a federal court in the Northern District of Texas issued an injunction against enforcement of the Federal Trade Commission’s rule banning non-compete agreements (the “Rule”). The Rule was to become effective...more

King & Spalding

FTC Final Rule on Non-Competes: Texas District Court Stops Short of a Nationwide Injunction and Creates Uncertainty on the...

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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

Foley & Lardner LLP

Federal Court Enjoins Effect of FTC Noncompete Rule — But Only for Named Plaintiffs

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On July 3, 2024, the U.S. District Court for the Northern District of Texas entered an order enjoining the enforcement of a rule established by the Federal Trade Commission (FTC) abolishing the vast majority of employee...more

Axinn, Veltrop & Harkrider LLP

FTC Final Rule Banning Non-Competes Faces Uncertainty

The Federal Trade Commission’s final rule banning non-competes was published in the Federal Register Tuesday, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing...more

Nelson Mullins Riley & Scarborough LLP

FTC Final Rule Banning Noncompetes Challenged in Court on Same Day

The Noncompete Rule - On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or...more

McGlinchey Stafford

FTC Votes on Final Rule to Ban Non-Compete Agreements

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Following an extended public comment period that began in January of 2023, the Federal Trade Commission (FTC) voted Tuesday, April 23 to implement a new rule that would effectively ban non-compete agreements nationwide,...more

Amundsen Davis LLC

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

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The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly...more

McDermott Will & Emery

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

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On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

Morrison & Foerster LLP

Fifth Circuit Court of Appeals Vacates U.S. SEC Share Repurchase Rule

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On December 19, 2023, the Fifth Circuit Court of Appeals issued an opinion and judgment vacating (the “Judgment”) the U.S. Securities and Exchange Commission’s (SEC) Share Repurchase Disclosure Modernization rule (the...more

BCLP

Fifth Circuit Panel Rejects Sec Request for Additional Time to Substantiate New Stock Repurchase Disclosure Rules

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As readers may recall, on October 31, 2023 the Fifth Circuit Court of Appeals in Chamber of Commerce v. SEC ruled that the SEC acted arbitrarily and capriciously, in violation of the Administrative Procedure Act, when it...more

Morrison & Foerster LLP

U.S. SEC Postpones the Effective Date of Share Repurchase Rule

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On November 22, 2023, the U.S. Securities and Exchange Commission (SEC) issued an order postponing the effective date (the “Postponement”) of the Share Repurchase Disclosure Modernization rule (the “Repurchase Rule”), which...more

Vinson & Elkins LLP

Repurchase Redo: Fifth Circuit Court of Appeals Orders SEC to Correct Share Repurchase Rule Defects

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Evaluating a broad spectrum of challenges raised by the U.S. Chamber of Commerce and others, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit recently held that the SEC failed to provide a sufficient...more

Proskauer - Labor Relations Update

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

BCLP

Fifth Circuit Sends SEC Back to Cost-Benefit Drawing Board to Substantiate Its New Stock Repurchase Disclosure Rules Within 30...

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On October 31, 2023, the Fifth Circuit ruled in Chamber of Commerce v. SEC that the SEC acted arbitrarily and capricious, in violation of the Administrative Procedure Act, when it adopted the new share repurchase disclosure...more

Venable LLP

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

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On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

Goodwin

U.S. Chamber of Commerce Wins Summary Judgment in Challenge to CFPB’s Update to Its Examination Manual

Goodwin on

​​​​​​​On September 8, 2023, the United States District Court of the Eastern District of Texas granted plaintiff U.S. Chamber of Commerce’s (the “Chamber”) motion for summary judgment invalidating the Consumer Finance...more

Fox Rothschild LLP

Briefing Continues in Chemours’s Challenge to EPA’s GenX Health Advisory Level

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As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Goodwin

CFPB Seeks Dismissal of Complaint Filed by the U.S. Chamber of Commerce Challenging the CFPB’s Update to the UDAAP Section of Its...

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On December 23, 2022, the Consumer Financial Protection Bureau (CFPB) moved for dismissal, or in the alternative partial summary judgment, of the complaint filed by the U.S. Chamber of Commerce in September 2022 in the...more

Ballard Spahr LLP

U.S. Chamber of Commerce and other trade groups file motion for summary judgment in lawsuit against CFPB challenging UDAAP update...

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The U.S. Chamber of Commerce has filed a motion for summary judgment in its lawsuit filed in September 2022 against the CFPB challenging the CFPB’s recent update to the Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)...more

Holland & Knight LLP

U.S. Chamber, Trade Groups Suit Claims Consumer Financial Protection Bureau Exceeded Authority

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The U.S. Chamber of Commerce and six trade groups have filed suit in the U.S. District Court for the Eastern District of Texas against the Consumer Financial Protection Bureau (CFPB) alleging the Bureau is exceeding its...more

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