News & Analysis as of

Federal Trade Commission (FTC) Restrictive Covenants Lack of Authority

Fisher Phillips

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

Fisher Phillips on

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more

Spilman Thomas & Battle, PLLC

The FTC’s Rule Banning Noncompete Agreements is Dead. Long Live Noncompete Agreements?

Earlier this year, the Federal Trade Commission (FTC) announced a Final Rule outlawing nearly all noncompete agreements between employers and employees. That Final Rule, however, was overturned at the end of August 2024....more

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

Baker Botts L.L.P. on

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Patterson Belknap Webb & Tyler LLP

Court Blocks FTC Rule Banning Almost All Worker Non-Compete Deals

A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024...more

Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

Jackson Lewis P.C. on

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

Foster Garvey PC

Federal Judge Blocks FTC's Nationwide Ban on Noncompete Agreements

Foster Garvey PC on

As we previously reported, the Federal Trade Commission’s (FTC) final rule banning noncompete agreements was set to take effect on September 4, 2024. This rule would have prohibited nearly all agreements that prevent workers...more

Levenfeld Pearlstein, LLC

Texas Federal Court Strikes Down FTC’s Non-Compete Ban

On Tuesday, August 20, U.S. District Judge Ada Brown granted summary judgment, in favor of blocking the Federal Trade Commission’s (“FTC”) rule banning non-competes (the “Rule”). The Rule, which had been scheduled to go into...more

Gould + Ratner LLP

Texas Federal Court Strikes Down FTC Noncompete Rule

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In the first definitive ruling on the Federal Trade Commission’s Final Rule banning most noncompete agreements, the Texas federal judge that previously granted a preliminary injunction to temporarily block the Final Rule from...more

Fox Rothschild LLP

Federal Court Blocks FTC's Ban on Noncompete Agreements

Fox Rothschild LLP on

A federal court in Texas has determined the Federal Trade Commission’s (FTC) final rule prohibiting most noncompete agreements is unlawful, meaning that for now, employers in jurisdictions that permit such agreements can...more

Morrison & Foerster LLP

Good News for Employers: Texas Court Blocks FTC’s Nationwide Non-Compete Ban

On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “Rule”)....more

Cole Schotz

Texas District Court Strikes Down the FTC’s Non-Compete Ban on a Nationwide Basis

Cole Schotz on

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, Judge Ada Brown of the U.S. District Court for the Northern District of Texas barred the Federal Trade Commission’s (“FTC”) Non-Compete Rule (the “Rule”) from...more

Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

Houston Harbaugh, P.C. on

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

Bowditch & Dewey

Federal District Court Strikes Down FTC Non-Compete Ban

Bowditch & Dewey on

In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in...more

Houston Harbaugh, P.C.

Court Puts FTC Noncompete Ban on Hold

Houston Harbaugh, P.C. on

A federal judge issued a nation-wide injunction on August 20, 2024, barring enforcement of the Federal Trade Commission‘s Rule banning noncompete agreements in the U.S. This Rule was slated to go into effect on September 4,...more

Rivkin Radler LLP

Conflicting Orders Create Uncertainty for FTC Noncompete Ban

Rivkin Radler LLP on

On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule...more

Stevens & Lee

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

Stevens & Lee on

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

Fisher Phillips

Still On Track, For Now: Pennsylvania Court Denies Request to Block FTC Non-Compete Ban, But Other Challenges Continue

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A Pennsylvania federal judge has just declined to issue an order to preliminarily block the FTC’s non-compete ban ahead of its September 4 effective date. The court rejected the employer’s argument that the rule is an...more

Amundsen Davis LLC

The FTC’s Rule Banning Non-Compete Agreements is on Thin Ice

Amundsen Davis LLC on

On July 3, 2024, Non-Compete Agreementa federal judge in Texas issued a preliminary injunction that stays the US Federal Trade Commission’s (FTC) near-total ban on non-compete agreements for the named plaintiffs seeking to...more

Benesch

Preliminary Injunction Partially Blocks FTC Noncompete Ban

Benesch on

Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more

Gould + Ratner LLP

The FTC vs. Noncompete Agreements: Ban on Noncompete Agreement Hits a Roadblock

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The Federal Trade Commission (FTC) issued a much-debated “Final Rule” earlier this year that banned most noncompete agreement nationwide. In support of its position, the FTC declared that such agreements are an “unfair method...more

Lowenstein Sandler LLP

Federal Trade Commission’s Non-Compete Ban Halted by Texas Federal Court… But Only for Limited Parties (For Now)

As eagerly anticipated and predicted by many, on July 3, 2024, the United States District Court for the Northern District of Texas entered a preliminary injunction staying the Federal Trade Commission’s (FTC) broad...more

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