News & Analysis as of

Competition Employment Contract Biden Administration

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

Sheppard Mullin Richter & Hampton LLP

Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?

The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated mission to reinvigorate antitrust...more

Perkins Coie

FTC Announces Proposed Ban on Noncompete Agreements

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The Federal Trade Commission (FTC) announced its proposal of a new rule on January 5, 2023, that would ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

K&L Gates LLP

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

K&L Gates LLP on

On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

Shutts & Bowen LLP

D.C.’s New Non-Compete Law

Shutts & Bowen LLP on

The District of Columbia recently passed a new expansive law which bans most noncompetition agreements for employees in the District. The Ban on Non-Compete Agreements Amendment Act (the “Act”) takes effect on October 1,...more

Dentons

Antitrust Concerns for Employers

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In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Akin Gump Strauss Hauer & Feld LLP

Noncompete Laws: 2021 Year in Review

Key Points - President Biden’s July 9, 2021 executive order encouraged the FTC to exercise its statutory rulemaking authority to curtail the unfair use of noncompete agreements. Effective March 1, 2022, a person who...more

Sheppard Mullin Richter & Hampton LLP

FTC reviews non-compete agreements: An Update On The Future Of Restrictive Covenants Following The Biden Administration’s Proposed...

In July 2021, President Biden signed an Executive Order directed at promoting competition in the U.S. economy. As part of that overarching goal, the Biden Administration tasked the Federal Trade Commission (“FTC”) with...more

Proskauer - Law and the Workplace

FTC and DOJ Hold Workshop On Non-Compete Agreements

As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more

Foley & Lardner LLP

FTC Announces First Step Towards Regulation of Employee Non-Competes

Foley & Lardner LLP on

As we have noted previously, on July 9, President Biden signed an Executive Order on Promoting Competition in the American Economy. Among many other things, this Executive Order calls on the Federal Trade Commission (FTC) to...more

Miles Mediation & Arbitration

Executive Order Signals The Writing Is On The Wall For Non-Compete Agreements

On July 9, 2021, President Biden issued an Executive Order labelled as an effort to promote competition in the American economy. Its primary focus is to encourage the Federal Trade Commission (FTC) Chair—through rulemaking...more

Robinson & Cole LLP

The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

Robinson & Cole LLP on

Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Dickinson Wright

You Said Non-compete Agreements Are Enforceable in Michigan; What Is This Federal Government Announcement I Heard Recently?

Dickinson Wright on

A few weeks ago, our All Things HR Blog took time to tackle frequently asked questions about the enforceability of restrictive covenants in Michigan, including employee non-compete restrictions.  We decided this would be a...more

Epstein Becker & Green

The Future of Non-Compete Agreements – Employment Law This Week Video

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As featured in #WorkforceWednesday: This week, we look at the restriction and legislation of non-compete agreements....more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

Benesch on

On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

Roetzel & Andress

The Nuts and Bolts of Noncompete Agreements: Part 2: Executive Order Update

Roetzel & Andress on

Host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader is joined again this week by Adam Hirsch, Roetzel business litigation attorney, for Part 2 of an overview of noncompete clauses in contracts with...more

Miles & Stockbridge P.C.

The Effect of Promoting Competition in the American Economy on Non-compete Agreements

On July 9, 2021, President Biden executed a broad Executive Order 14036 (“EO”) entitled Promoting Competition in the American Economy. Among other things, the EO will potentially have a great impact upon non-compete...more

Smith Anderson

New Executive Order Signals Potential Action on Non-Compete Agreements

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On July 9, 2021, President Biden issued an Executive Order establishing 72 initiatives aimed at promoting competition in the American economy, lowering consumer prices, increasing worker wages and promoting innovation and...more

Quarles & Brady LLP

An Overview of President Biden’s Executive Order on Non-Competes

Quarles & Brady LLP on

On July 9, 2021, President Biden issued an extensive Executive Order on Promoting Competition in the American Economy. Among other things, the Executive Order directs the Federal Trade Commission (FTC), through rulemaking, to...more

Manatt, Phelps & Phillips, LLP

President’s Executive Order Takes On Noncompetes, Employee Licensing

President Joseph Biden has signed an Executive Order (EO) aimed at promoting competition in the U.S. economy that could have serious ramifications for employers....more

Locke Lord LLP

Biden Administration Executive Order Seeks to “Curtail the Unfair Use of Non-Compete ‎Clauses”‎

Locke Lord LLP on

As we previously alerted you, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy.” Among other things, the Executive Order addressed the President’s desire for the...more

Verrill

Future of Non-Competes: Insights into Executive Order Promoting Competition in the American Economy

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President Biden’s June 9th Executive Order (EO) on Promoting Competition in the American Economy touches on a handful of potential measures and initiatives aimed at promoting competition throughout the U.S. workforce. Section...more

McAfee & Taft

Executive Order seeks to improve worker mobility, promote competition

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On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.” The order is wide-ranging, including 72 different initiatives aimed at more than a dozen federal agencies. For the...more

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