News & Analysis as of

Federal Trade Commission (FTC) Federal Bans Non-Disclosure Agreement

Axinn, Veltrop & Harkrider LLP

Move Over Non-Competes: Why NDAs May Be the Next Antitrust Enforcer Focus

On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Federal Trade Commission Issues Rule Invalidating Covenants Not To Compete

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule (FTC Rule) invalidating covenants not to compete. The FTC Rule, which is set to take effect on September 4, 2024, significantly impacts the...more

Amundsen Davis LLC

Pennsylvania Judge Disagrees with Texas Judge And Denies Motion for Preliminary Injunction Challenging the FTC’s Non-Compete Rule

Amundsen Davis LLC on

A judge in the U.S. District Court for the Eastern District of Pennsylvania declined on July 23 to enjoin the Federal Trade Commission’s (FTC’s) ban on non-compete agreements. ATS Tree Services, LLC v. FTC, Case No....more

Lippes Mathias LLP

What Employers Need to Know About the FTC’s Ban of Non-Competition Agreements

Lippes Mathias LLP on

On May 7, 2024, the Federal Trade Commission (“FTC”) published its controversial final rule (the “Rule”) that once effective will ban employers from entering into new non-compete agreements across the country, retroactively...more

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

Steptoe & Johnson PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more

Davis Wright Tremaine LLP

UPDATE: FTC Publishes Final Rule Banning Non-Competes: A Simple Explanation

Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more

Flaster Greenberg PC

FTC Issues Non-Compete Regulations

Flaster Greenberg PC on

On April 23, 2024, the Federal Trade Commission (FTC) announced that it finalized the rules relating to non-compete clauses in employment contracts. A copy of the regulations can be found here. NOTE: These rules go into...more

AEON Law

Patent Poetry: FTC Bans Employee Non-Compete Agreements

AEON Law on

The Federal Trade Commission (FTC) has voted to approve a proposed rule that would ban employers from using non-compete agreements with nearly all employees. The FTC estimated that one in five US workers is bound by a...more

Flaster Greenberg PC

The FTC's New Rule Invalidates Most Non-Competition Clauses

Flaster Greenberg PC on

On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception...more

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

Rumberger | Kirk on

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...more

Seward & Kissel LLP

FTC Finalizes Non-Compete Rule

Seward & Kissel LLP on

On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”).  The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

ArentFox Schiff on

As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Harris Beach PLLC

Summary of FTC’s Non-Compete Prohibition and Best Practices For The Business World

Harris Beach PLLC on

As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the country. ...more

Payne & Fears

FTC Rule Bans New Non-Compete Agreements Nationwide

Payne & Fears on

Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well.  Like the...more

Neal, Gerber & Eisenberg LLP

FTC Issues Final Rule Banning Most Non-Compete Agreements: Takeaways and Next Steps for Employers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

FTC Issues Final Rule Banning Noncompete Agreements

On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more

Mintz - Antitrust Viewpoints

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge...

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more

Pillsbury Winthrop Shaw Pittman LLP

Employers Beware: FTC Announces Final Rule Banning Worker Non-Competes

The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a...more

Cole Schotz

No More Non-Competes?

Cole Schotz on

On Tuesday, April 23rd, the Federal Trade Commission issued a rule banning all new and many existing employer and employee non-competition restrictions nationwide, subject to very limited exceptions (the “Rule”). The Rule...more

Adams and Reese LLP

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

Adams and Reese LLP on

The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition...more

Jackson Walker

Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace

Jackson Walker on

On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days...more

McNees Wallace & Nurick LLC

FTC Bans Noncompete Agreements: What employers need to know about the FTC’s Noncompete Rule

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) prohibiting the use of non-compete restrictive covenants (with a limited exception) throughout the United States as an unfair method of...more

McAfee & Taft

FTC announces nationwide ban on noncompetes in the workplace

McAfee & Taft on

More than a year after the Federal Trade Commission proposed a game-changing nationwide ban on noncompete agreements, the agency yesterday issued its final rule for implementing the ban. The prohibition, which is slated to go...more

Ward and Smith, P.A.

FTC Charges Forward with Sweeping Non-Compete Ban

Ward and Smith, P.A. on

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.  The rule is set to take effect 120 days after it is published in the...more

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