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Restrictive Covenants Hiring & Firing Anti-Competitive

Cranfill Sumner LLP

FTC Appeals Order Striking Down Noncompete Ban

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On October 18, 2024, the Federal Trade Commission (FTC) appealed to the Fifth Circuit a Texas federal court’s decision to strike down the FTC’s nationwide noncompete ban. This comes hot on the heels of the FTC’s September 24,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Court Blocks FTC’s Non-Competition Ban

As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule,...more

Epstein Becker & Green

Newly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy

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In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...more

Katten Muchin Rosenman LLP

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more

PilieroMazza PLLC

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

PilieroMazza PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”).  As suspected, business...more

Miller & Martin PLLC

How Should Employers Respond to the Federal Trade Commission’s Ban on Non-Competition Agreements?

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On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more

Wilson Sonsini Goodrich & Rosati

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

Brownstein Hyatt Farber Schreck

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Your Non-Compete Might Not Be Enforceable For Much Longer

Whether you are an employer attempting to maintain and enforce non-compete provisions in contracts with your employees, or an employee trying to navigate career developments despite being subject to such a provision, you need...more

Shumaker, Loop & Kendrick, LLP

Client Alert: FTC Proposes Nationwide Ban on Non-Compete Agreements

In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more

Polsinelli

More Signs of Trouble for Non-Compete Agreements

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Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them.  This,...more

Katten Muchin Rosenman LLP

FTC Proposes Rule Banning Non-Competes With Workers

On January 5, the Federal Trade Commission (FTC) promulgated a proposed rule that would effectively ban all non-competes with employees and other workers (Proposed Rule). If adopted in its current form, the Proposed Rule...more

Winthrop & Weinstine, P.A.

FTC Proposes Sweeping Ban and Required Rescission of Non-Competition Agreements

In a Notice of Proposed Rulemaking issued January 5, 2023, the Federal Trade Commission (“FTC”) proposes prohibiting employers from entering into non-compete clauses with workers and requiring employers to rescind existing...more

Wilson Sonsini Goodrich & Rosati

FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more

Polsinelli

The Time Is Now: Comment Period Open For The Federal Trade Commission’s New Proposed Rule Banning Employer Non-Compete Clauses

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Fresh off the significant buzz from the Federal Trade Commission’s (“FTC”) January 5, 2023 announcement of its Notice of Proposed Rule Making (“NPRM”) setting forth a ban on all non-compete clauses between employers and...more

Goodell, DeVries, Leech & Dann, LLP

FTC Proposes to Ban Non-Competes

The FTC claims its latest effort to promote competition will increase the wages of America’s workers by “nearly $300 billion per year,” but what will this effort do to employers and the sellers of businesses?...more

Robinson+Cole Manufacturing Law Blog

Covenants not to Compete: The End of an Era

On January 5, 2023, Federal Trade Commission (FTC) Chair Lina Khan announced a proposed federal regulation that, if enacted, would invalidate non-competes and similar restrictive covenants that are routinely used by companies...more

Stinson LLP

Employer Non-Compete Agreements Face Possible Ban by FTC

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The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under...more

Robinson Bradshaw

FTC Proposes Ban on Non-Competition Agreements

Robinson Bradshaw on

On Jan. 5, 2023, the Federal Trade Commission released a proposal for a new rule that would effectively ban all non-competition clauses. The FTC is the government agency responsible for enforcing federal consumer protection...more

Pullman & Comley - Labor, Employment and...

FTC Proposes Rule Banning Covenants Not to Compete

Our readers have probably seen or heard news reports that on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new federal regulation that would ban non-compete clauses (“noncompetes”) in agreements between...more

Robinson & Cole LLP

FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements

Robinson & Cole LLP on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing post-employment noncompete restrictions on their workers. The proposed rule, if adopted as drafted, would...more

Burr & Forman

Is It the End of Non-Compete Clauses? The Federal Trade Commission Proposes a Prohibition and Rescission of Non-Compete Clauses

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On January 5, 2023, the Federal Trade Commission announced a Notice of Proposed Rulemaking that would prohibit and rescind non-compete provisions in employment contracts. The public has 60 days to offer comment on the...more

Bilzin Sumberg

FTC Proposes Rule to Ban Non-Compete Clauses

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On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”), which enforces antitrust law, proposed a rule that would prohibit employers from imposing non-compete clauses on workers. This proposed rule, which can be...more

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

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Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

Quarles & Brady LLP

An Overview of President Biden’s Executive Order on Non-Competes

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On July 9, 2021, President Biden issued an extensive Executive Order on Promoting Competition in the American Economy. Among other things, the Executive Order directs the Federal Trade Commission (FTC), through rulemaking, to...more

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