News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Non-Compete Agreements Executive Orders

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's August 2024 Round-Up

Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers - The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more

Eversheds Sutherland (US) LLP

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

Bracewell LLP on

On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Kohrman Jackson & Krantz LLP

Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements

On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to...more

Foley & Lardner LLP

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

Foley & Lardner LLP on

The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Nilan Johnson Lewis PA

Minnesota Again Considers Banning Non-Competes

Nilan Johnson Lewis PA on

The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Proskauer - Minding Your Business

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

Fenwick & West LLP

Federal Trade Commission Proposes Sweeping Changes to Noncompete Agreements Nationwide

Fenwick & West LLP on

On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more

Schwabe, Williamson & Wyatt PC

Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements

On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Harris Beach PLLC

Federal Trade Commission’s Focus on Non-Compete Clauses has Health Care Implications

Harris Beach PLLC on

As proposed, the Federal Trade Commission’s proposed rule to prohibit employers from using non-compete clauses in employment agreements would have sweeping impact on health care practices and hospitals employing restrictive...more

Bracewell LLP

FTC Pursues Crackdown on Employee Noncompetes

Bracewell LLP on

Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban...more

Foley & Lardner LLP

Non-Competes: A New Year Means Higher Income Thresholds In Many States

Foley & Lardner LLP on

Earlier this month, we reported on the Federal Trade Commission’s (FTC) proposed regulation that, if adopted, would essentially abolish employee non-competes across the United States. While we await (and will promptly report...more

Rumberger | Kirk

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

Rumberger | Kirk on

For the Federal Trade Commission’s (FTC) proposed rule to ban non-compete clauses to become law, many hurdles would have to be overcome. Those who follow politics in this country have aptly observed that this is unlikely due...more

AEON Law

Patent Poetry: Is this the end of the employee non-compete?

AEON Law on

On January 5, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that seeks to severely limit the scope of employee non-competes. This would bring federal law into alignment with the laws of...more

Flaster Greenberg PC

Is the government banning my non-competition agreements?

Flaster Greenberg PC on

Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more

King & Spalding

FTC Proposes Nationwide Ban on Non-Competes

King & Spalding on

On January 5, 2023, in a dramatic and far-reaching agency action, the Federal Trade Commission (FTC) published a notice of proposed rulemaking, effectively banning all non-compete agreements, nationwide. The FTC’s proposed...more

Smith Gambrell Russell

FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements

Smith Gambrell Russell on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more

Seward & Kissel LLP

The Federal Trade Commission Proposes Sweeping Ban on Non-Competition Restrictions

Seward & Kissel LLP on

On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that, if passed, would deem non-compete clauses an “unfair method of competition” prohibiting all employers from entering into these...more

Tarter Krinsky & Drogin LLP

Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban

The Federal Trade Commission has proposed a broad rule essentially banning noncompete agreements. Host Rich Schoenstein is joined by employment lawyer and restrictive covenant guru David Kleinmann to break down the proposal. ...more

Lippes Mathias LLP

Biden Administration Rings in the New Year with a Seismic Change: FTC Proposed Rule Would Ban Noncompetes Across the Country

Lippes Mathias LLP on

Restrictive covenants, and more specifically, noncompete agreements, have been under increased scrutiny over the past several years. To date, restrictive covenants, including noncompetes, have been regulated at the state...more

Mintz - Antitrust Viewpoints

FTC Invokes New and Expanded Powers to Propose Bar on Employee Non-Competes

The Federal Trade Commission continues to focus on labor-market competition issues with a set of settlements based on its newly asserted FTC Act Section 5 “stand alone” authority, and a highly controversial proposed...more

White and Williams LLP

Federal Trade Commission Releases Proposed Non-Compete Clause Rule

White and Williams LLP on

On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete...more

Kohrman Jackson & Krantz LLP

FTC Proposes New Rule Banning Non-Compete Agreements

Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to...more

King & Spalding

FTC Cracks Down on Non-Competes

King & Spalding on

In his 2021 Executive Order on Promoting Competition in the American Economy, President Biden called on the Federal Trade Commission (“FTC”) to “ban or limit non-compete agreements.” Last week, the FTC responded by taking...more

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