News & Analysis as of

Proposed Rules Unfair Competition Employment Contract

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

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

Bradley Arant Boult Cummings LLP

FTC Moves to Strike Most Noncompetes: Considerations for Cannabis Companies

As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in...more

Jenner & Block

Client Alert: FTC Finalizes Near Total Ban of Noncompetes – How You Can Prepare Now

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FTC Votes in Favor of Issuing Final Rule. On April 23, 2024, the Federal Trade Commission (“FTC”) voted in favor of issuing its final rule which essentially bans all noncompetes going forward and invalidates most...more

Perkins Coie

FTC Bans Employee Noncompete Agreements; Challenges Underway

Perkins Coie on

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). The party-line vote comes after...more

Bradley Arant Boult Cummings LLP

Federal Trade Commission Alters Employment Landscape Through Nationwide Noncompete Ban

As Bradley previously reported, the FTC at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of...more

McDermott Will & Emery

FTC Issues Rule Banning Worker Noncompete Agreements

McDermott Will & Emery on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule,...more

Brooks Pierce

FTC Issues Final Rule Banning Most Non-Competes; Legal Challenges Underway

Brooks Pierce on

On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of...more

Foley Hoag LLP

FTC Issues Final Rule Banning Non-Compete Clauses Nationwide

Foley Hoag LLP on

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule prohibiting non-compete clauses in all agreements between employers and their workers. This controversial ban comes one year and six months after...more

Buckingham, Doolittle & Burroughs, LLC

FTC Ban on Non-Compete Agreements

The Federal Trade Commission (FTC) issued the long-awaited Non-Compete Final Rule that prohibits all new non-compete agreements and renders all existing non-competes unenforceable, except in limited circumstances. These...more

Steptoe & Johnson PLLC

The Federal Trade Commission Votes to Ban Non-Compete Agreements With Limited Exceptions

Steptoe & Johnson PLLC on

On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate...more

Schwabe, Williamson & Wyatt PC

FTC Hopes to Ban Most Post-Employment Non-Competes

On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC’s Final Rule Banning Worker Noncompete Clauses: What It Means for Employers

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject...more

Sheppard Mullin Richter & Hampton LLP

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open...more

Butler Snow LLP

FTC Issues Final Rule Purporting to Ban Most Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC...more

Spilman Thomas & Battle, PLLC

FTC Bans Noncompetition Agreements

On April 23, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into...more

Sullivan & Worcester

FTC Issues Final Rule Banning Non-Competes

Sullivan & Worcester on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that, once effective, will ban noncompetition (“non-compete”) agreements nationwide. The rule, which becomes effective 120 days after...more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

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April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Katten Muchin Rosenman LLP

Non-Competes: Movement on both sides of the Atlantic

Non-compete provisions are receiving a lukewarm reception by the authorities on both sides of the Atlantic at the moment. With plans to make changes in the UK being actively discussed, and at a federal level in the United...more

Venable LLP

Watch Your Tail: Will the FTC's Proposed Ban of Non-Compete Agreements Affect Fee Tail Agreements in the Sports Industry and...

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As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more

Troutman Pepper

FTC Noncompete Ban Could Open State Litigation Floodgate

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On Jan. 5, the Federal Trade Commission issued a notice of proposed rulemaking that, if adopted as final, would ban virtually all noncompete agreements nationwide between employers and employees. Noncompetes that would be...more

McGuireWoods LLP

Questions Surround Federal Trade Commission’s Authority to Issue Non-Compete Clause Rule

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With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more

Kelley Drye & Warren LLP

The Federal Trade Commission Enters the Noncompete Political Arena

The political battle around noncompetes just got a major boost from the Federal Trade Commission (FTC or Commission). In a bold new move, the Commission announced a historic new rule that would ban nearly all noncompetes...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

TransPerfect Legal on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

Kerr Russell

FTC Considers Banning Covenants Not to Compete

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Question: I’m reading media accounts that the FTC is about to ban all covenants not to compete. When will this happen? Will the covenant not to compete in my employment agreement that I signed two years ago be banned? Will...more

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