News & Analysis as of

Comment Period FTC Act Public Comment

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

Hinch Newman LLP on

On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

Ballard Spahr LLP

FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”

Ballard Spahr LLP on

On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to...more

McGuireWoods LLP

Questions Surround Federal Trade Commission’s Authority to Issue Non-Compete Clause Rule

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With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more

Fisher Phillips

Businesses Have About a Month Left to Submit Comments on the FTC’s Proposed Non-Compete Clause Rule

Fisher Phillips on

Employers have about a month left if they want to submit a formal comment to the federal government about the proposal that would ban most noncompetition agreements and force you to rescind existing agreements – but should...more

Bowditch & Dewey

Is the Sky Falling? The FTC’s Proposed Ban on Non-Compete Agreements

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The Federal Trade Commission (FTC) recently announced a proposed new rule that would have a seismic effect on employment relationships throughout the United States, by barring the future use of non-competition agreements and...more

Cooley LLP

Proposed FTC Rule Would Ban Most Noncompete Agreements

Cooley LLP on

On January 5, 2023, the Federal Trade Commission published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors and unpaid...more

Kaufman & Canoles

FTC Looks to Ban Non-Competes, But Don’t Panic

Kaufman & Canoles on

The Federal Trade Commission (FTC) rang in 2023 by zeroing in on a new target: non-competes. On January 5, the FTC announced a new proposed rule banning the use of non-compete provisions in agreements with individuals....more

Venable LLP

Comments and Challenges Welcome: FTC Proposes New Rule to Ban Non-Compete Agreements with Employees, Independent Contractors, and...

Venable LLP on

On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more

Kelley Drye & Warren LLP

The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect....more

Dickinson Wright

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses | 联邦贸易委员会提议禁止竞业禁止条款

Dickinson Wright on

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic...more

Seyfarth Shaw LLP

Comments on FTC’s Proposed Rule Banning Non-Competes With Employees and Workers Now Due March 20th 

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The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register....more

Epstein Becker & Green

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

Epstein Becker & Green on

As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban noncompetes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many...more

Locke Lord LLP

FTC Proposes Broad Non-Compete Ban: ‎What Employers Can Expect Next

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On July 9, 2021, President Biden signed an Executive Order aimed at “Promoting Competition in the American Economy.” Among the dozens of initiatives proposed within the order was a directive to the Chair of the Federal Trade...more

Kelley Drye & Warren LLP

The FTC’s Proposal to Ban Noncompetes is on Shaky Legal Ground

By now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal...more

Kelley Drye & Warren LLP

FTC Insights: How Employers Can Prepare for a World Without Noncompetes

When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more

A&O Shearman

U.S. Federal Trade Commission Proposes Ban on Employee Non-Compete Agreements

A&O Shearman on

The proposed rule would prohibit employers nationwide from restricting an employee from working at another company post-employment. As drafted, the rule would have retroactive effect and require employers to rescind any...more

Parker Poe Adams & Bernstein LLP

FTC Proposes Nationwide Ban on Noncompetition Agreements

On January 5, the Federal Trade Commission (FTC) published a notice of proposed rulemaking seeking comment on a rule that would declare most U.S. noncompetition agreements unlawful, subject to very limited exceptions. Using...more

Stradling Yocca Carlson & Rauth

FTC Issues Proposed Rule Eliminating Non-Competition Agreements

Last week, the Federal Trade Commission (“FTC”) issued a proposed rule to eliminate all non-competition agreements with employees subject to limited exceptions. While some states, like California, have already nearly...more

Jones Day

FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

Jones Day on

In early January 2023, the Federal Trade Commission ("FTC") proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight...more

Epstein Becker & Green

Will the FTC Ban Noncompetes? What Employers Need to Know About the Proposed Rule

Epstein Becker & Green on

On Thursday, January 5, 2023, the Federal Trade Commission (FTC) made headlines with its announcement that it is proposing a new rule that would ban employers from using noncompete clauses (the “rule”)....more

Cadwalader, Wickersham & Taft LLP

FTC Considering Updates to Environmental “Green Guides”

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment “on potential updates and changes to the Green Guides for the Use of Environmental Marketing Claims” (the Notice). The...more

Manatt, Phelps & Phillips, LLP

Is #ad Going Away? – The FTC’s Endorsement Guidelines to Be Examined

The Federal Trade Commission (FTC) recently announced it is seeking public comment on whether to make changes to its Endorsement Guides as part of its systematic review of all current FTC rules and guides. The Endorsement...more

Seyfarth Shaw LLP

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

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The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

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