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Employment Contract Appeals

CDF Labor Law LLP

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

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In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement

In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal answered two long outstanding questions of California law concerning the...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

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

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

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

Bradley Arant Boult Cummings LLP

FTC’s Non-Compete Rule Enjoined for Now – But Only as to the Plaintiffs

On Wednesday, July 3, a Texas federal court enjoined the Federal Trade Commission’s (FTC) rule banning most noncompetes (the Noncompete Rule) and has stayed the implementation of the Noncompete Rule, but only as to the...more

Akin Gump Strauss Hauer & Feld LLP

FTC Non-Compete Ban Preliminarily Enjoined by Texas District Court

On July 3, 2024, the U.S. District Court for the Northern District of Texas enjoined the Federal Trade Commission (FTC) from enforcing and implementing its rule banning non-competes and stayed the September 4 effective date...more

Holland & Hart LLP

FTC's Noncompete Ban On Hold…For Parties Involved in Lawsuit

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On July 3, 2024, a federal judge from the Northern District of Texas barred the Federal Trade Commission (“FTC”) from enforcing its Rule banning noncompete agreements and paused the Rule’s effective date of September 4, 2024....more

McAfee & Taft

FTC’s ban on noncompete agreements halted … sort of

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Earlier this spring, in an article titled “FTC announces nationwide ban on noncompetes in the workplace,” we alerted employers to the Federal Trade Commission’s approval of a final rule implementing a nationwide ban on...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Developments on the FTC Noncompete Ban: Ryan, LLC v. FTC Decision

On July 3, 2024, in Ryan v. Federal Trade Commission, a district court in the Northern District of Texas preliminarily enjoined the implementation and enforcement against the plaintiff and plaintiffs-intervenors of a Federal...more

Seward & Kissel LLP

Texas Federal Judge Preliminarily Blocks Enforcement of FTC Non-Compete Rule

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On July 3, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision, and subsequently a preliminary injunction, staying enforcement of the Federal Trade Commission’s (“FTC”) non-compete ban...more

Pierce Atwood LLP

Federal Court in Texas finds FTC Exceeded Its Authority With Noncompete Ban

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On July 3, 2024, a federal judge in Texas issued a preliminary injunction barring the FTC from enforcing its proposed near-absolute national ban on non-competition agreements. The Rule was scheduled to take effect September...more

Sheppard Mullin Richter & Hampton LLP

Not So “Final”? Texas Federal Court Enjoins Enforcement of FTC’s Noncompete Ban, Leaving Future of Commission’s Rule in Doubt

On July 3, District Judge Ada Brown of the Northern District of Texas issued an order enjoining the Federal Trade Commission (“FTC”) from enforcing its “Final Rule” against plaintiffs Ryan, LLC (“Ryan”) and the U.S. Chamber...more

Butler Snow LLP

Texas Court Finds That FTC Noncompete Rule Is Invalid

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In a highly-anticipated ruling, a Texas federal court concluded on July 3, 2024, that the Federal Trade Commission (“FTC”) exceeded its authority by enacting its rule in April 2024 that purports to ban nearly all noncompete...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update Regarding FTC’s Ban on Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On July 3, 2024, the United States District Court for the...more

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

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

McDermott Will & Emery

Getting to the Core of It: Assignment Clause Is Ambiguous

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The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more

McDermott Will & Emery

Fifth Circuit Rejects Recruiter’s Trade Secret Misappropriation and Contract Defenses

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel...more

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

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The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

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