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Final Rules Unfair Competition Employer Liability Issues

Cozen O'Connor

Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?

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In this special 150th podcast episode, Michael Schmidt is joined by his Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing...more

Troutman Pepper

FTC Noncompete Rule Risks a Wave of State AG Actions

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On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

Schwabe, Williamson & Wyatt PC

Court Blocks FTC’s Nationwide Ban on Non-Compete Agreements

On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on...more

Seyfarth Shaw LLP

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

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Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

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

Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more

Fenwick & West LLP

Courts Wrestle over FTC's Noncompete Ban

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The Federal Trade Commission's controversial ban on noncompete agreements is getting competing receptions in federal court. A Pennsylvania federal district court recently ruled that the FTC acted within its authority in...more

Robinson Bradshaw

FTC Final Rule Scheduled to Go Into Effect Sept. 4

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In April, the Federal Trade Commission implemented its Final Rule, which bans all existing and new non-compete agreements for most workers. The FTC’s Final Rule is scheduled to go into effect on Sept. 4....more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

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As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

Bricker Graydon LLP

Non-Competes Banned? Not in the Heart of Texas!

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Almost immediately after the Federal Trade Commission (FTC) issued its rule essentially banning non-compete agreements nationwide for all workers, the lawsuits started flying. One of the first cases filed was by Ryan, LLC...more

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

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The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Arnall Golden Gregory LLP

Injunction Junction: Judicial Challenges to New Employment Rules

April 2024 saw a whirlwind of activity on the employment front as executive federal agencies issued a wave of new rules. On April 15, 2024, Equal Employment Opportunity Commission (“EEOC”) announced its final rule...more

Seyfarth Shaw LLP

FTC Non-Compete Ban: What You Need to Know (UPDATED)

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On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more

Locke Lord LLP

FTC’s Final Rule Banning Non-Competes: What Is It and How “Final” Is It?

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On April 23, 2024, the Federal Trade Commission issued its long-awaited Final Non-Compete Clause Rule, which operates to ban most post-employment non-compete agreements between employers and their workers. However, the Final...more

Moritt Hock & Hamroff LLP

FTC Bans Non-Competes

On April 23, 2024, the Federal Trade Commission (“FTC”) adopted a Non-Compete Clause Rule (the “Rule”) that bans non-compete clauses between workers and employers as unfair methods of competition under Section 5 of the FTC...more

Tucker Arensberg, P.C.

The FTC’s New Final Rule on Non-Competes: Key Points for Businesses

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On April 23, 2024, the Federal Trade Commission (FTC) approved a rule banning employers from enforcing non-compete agreements for all workers, including employees and independent contractors, with limited exceptions. This new...more

WilmerHale

Understanding the FTC’s Non-Compete Clause Rule and Its Impact on NDAs

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As we previously reported, the Federal Trade Commission (FTC) announced on April 23, 2024, its Non-Compete Clause Rule (Final Rule), which aims to ban all new post-employment non-competition restrictions and invalidate most...more

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

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 4—Timing of Taxation under Code...

This is the fourth part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC) banning the enforcement of almost all noncompete...more

Shutts & Bowen LLP

FTC Issues Final Rule Banning Most Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission, by a vote of 3-2, issued a Final Rule concerning unfair methods of competition and non-compete agreements. The Rule will become effective 120 days after its publication in the...more

Holland & Knight LLP

The FTC Issued a New Rule to Ban All New Noncompete Agreements

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC Issued a New Rule to Ban All New Noncompete Agreements," consumer protection attorney Anthony DiResta examines the Federal Trade Commission's new rule...more

Jenner & Block

FTC Votes to Effectively Ban Noncompete Agreements

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On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that effectively bans most noncompete agreements in the United States. The FTC’s rule is scheduled to go into effect 120 days after it is...more

Spilman Thomas & Battle, PLLC

Decoded Technology Law Insights, V 5, Issue 4, May 2024

MIT Report Details New Cybersecurity Risks - “Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.” Why this is important: Worldwide spending...more

Genova Burns LLC

FTC’s Final Rule on Non-Competes May Not be the Final Word

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In a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s...more

Kilpatrick

7 Key Takeaways - The FTC’s Rule Banning Non-Compete Agreements: What You Need to Know

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The Federal Trade Commission (FTC), in a tight 3–2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Non-compete agreements have never been regulated at the federal level and the FTC’s adoption...more

Winstead PC

The FTC’s Noncompete Ban is Published…What Now?

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On April 24, 2024, Winstead’s Labor & Employment team reported that—after much anticipation— the FTC issued its final rule banning noncompete agreements nationwide. In our initial post, we noted that the final rule had yet to...more

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