News & Analysis as of

Proposed Rules Unfair Competition Section 5

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

McDermott Will & Emery

FTC Issues Rule Banning Worker Noncompete Agreements

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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

Moore & Van Allen PLLC

The FTC Votes to Ban Non-Compete Agreements

Moore & Van Allen PLLC on

The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register....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

Fisher Phillips

Businesses Have About a Month Left to Submit Comments on the FTC’s Proposed Non-Compete Clause Rule

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Employers have about a month left if they want to submit a formal comment to the federal government about the proposal that would ban most noncompetition agreements and force you to rescind existing agreements – but should...more

Groom Law Group, Chartered

With Proposed Non-Compete Ban, the FTC Joins the Executive Compensation Regulatory Landscape

Employers are accustomed to following rules related to executive compensation from the DOL, IRS, and SEC.  It may be time to add a new acronym to the list – the Federal Trade Commission (“FTC”)....more

Sheppard Mullin Richter & Hampton LLP

Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements...more

Bowditch & Dewey

Is the Sky Falling? The FTC’s Proposed Ban on Non-Compete Agreements

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The Federal Trade Commission (FTC) recently announced a proposed new rule that would have a seismic effect on employment relationships throughout the United States, by barring the future use of non-competition agreements and...more

Cooley LLP

Proposed FTC Rule Would Ban Most Noncompete Agreements

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On January 5, 2023, the Federal Trade Commission published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors and unpaid...more

Kelley Drye & Warren LLP

The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect....more

Dickinson Wright

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses | 联邦贸易委员会提议禁止竞业禁止条款

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On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic...more

Seyfarth Shaw LLP

Comments on FTC’s Proposed Rule Banning Non-Competes With Employees and Workers Now Due March 20th 

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The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register....more

Farella Braun + Martel LLP

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Non-Compete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain...more

Epstein Becker & Green

Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

Epstein Becker & Green on

As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban noncompetes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many...more

Locke Lord LLP

FTC Proposes Broad Non-Compete Ban: ‎What Employers Can Expect Next

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On July 9, 2021, President Biden signed an Executive Order aimed at “Promoting Competition in the American Economy.” Among the dozens of initiatives proposed within the order was a directive to the Chair of the Federal Trade...more

Morgan Lewis - ML Benefits

FTC’s Proposed Ban on Noncompete Clauses May Have Far-Reaching Implications for Executive Compensation

The Federal Trade Commission (FTC) announced a notice of proposed rulemaking on January 5, 2023, that would ban employers from entering into or maintaining noncompete clauses with their workers. The proposal was issued in...more

Hogan Lovells

FTC’s proposed ban of employer non-competes: Are non-profits exempt?

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The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more

Hicks Johnson

A World Without Non-Competes? What the FTC’s Proposed Ban Means for In-House Counsel

Hicks Johnson on

The non-compete—a clause that binds approximately one-fifth of all American workers—may soon be a thing of the past. New guidance from the Federal Trade Commission (FTC) threatens to abolish the use of non-compete clauses in...more

Kelley Drye & Warren LLP

FTC Insights: How Employers Can Prepare for a World Without Noncompetes

When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more

A&O Shearman

U.S. Federal Trade Commission Proposes Ban on Employee Non-Compete Agreements

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The proposed rule would prohibit employers nationwide from restricting an employee from working at another company post-employment. As drafted, the rule would have retroactive effect and require employers to rescind any...more

Jones Day

FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

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In early January 2023, the Federal Trade Commission ("FTC") proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight...more

Nelson Mullins Riley & Scarborough LLP

Is this the Final Nail in the Coffin of Employee Non-Compete Provisions?

Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023.  The sweeping attack purports to supersede less-restrictive State laws and...more

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