News & Analysis as of

Restrictive Covenants NPRM

Jackson Lewis P.C.

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

Jackson Lewis P.C. on

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more

Benesch

Impact of FTC Proposed Rulemaking: The Future of Non-Competition Covenants

Benesch on

Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more

Franczek P.C.

Comments Opposing FTC’s Proposed Rule Submitted

Franczek P.C. on

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule which, if adopted, would ban U.S. employers from using non-compete agreements.  In its notice of proposed rulemaking (“NPR”), the FTC sought public...more

BakerHostetler

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

BakerHostetler on

We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Farrell Fritz, P.C.

RIP Non-Competes?

Farrell Fritz, P.C. on

Will employment non-competes soon be banned nationally?  Perhaps, if the Federal Trade Commission gets its way.  Last month, the FTC issued a Notice of Proposed Rulemaking (the “NPRM”) that would prohibit just about all...more

Womble Bond Dickinson

FTC Non-Compete Ban: Don’t Panic! (But Be Prudent and Prepare)

Womble Bond Dickinson on

On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more

Paul Hastings LLP

FTC Proposed Ban on Non-Competes Includes M&A Exception Comparable to California Law

Paul Hastings LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation (the “Proposed Rule”) that would ban non-compete agreements imposed against workers by employers. The Proposed Rule includes a narrow...more

Parker Poe Adams & Bernstein LLP

FTC Proposes Nationwide Ban on Noncompetition Agreements

On January 5, the Federal Trade Commission (FTC) published a notice of proposed rulemaking seeking comment on a rule that would declare most U.S. noncompetition agreements unlawful, subject to very limited exceptions. Using...more

Royer Cooper Cohen Braunfeld LLC

FTC Proposes Aggressive Rule That Would Decimate Employment Non-Competes

The federal government has proposed a rule to ban non-compete agreements between nearly all employers and all workers. The Federal Trade Commission (FTC) believes this rule will increase wages by almost $300 billion annually...more

BCLP

Don’t panic: the long view of FTC’s proposed non-compete rule

BCLP on

Last week, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (the “Proposed Rule”) proposing a rule that would ban “non-compete” agreements. Finding that non-compete clauses reduce competition,...more

Venable LLP

The Federal Trade Commission Is Taking Aim at Employer Non-Competition Agreements

Venable LLP on

Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more

Smith Anderson

FTC Proposes Rule That Would Ban Non-Compete Agreements

Smith Anderson on

On January 5, 2023, the Federal Trade Commission ("FTC") issued a Notice of Proposed Rulemaking proposing a "Non-Compete Clause Rule." If the proposed rule goes into effect as drafted, it would ban employers across the...more

Stokes Wagner

What to do if the FTC Bans Non-Compete Agreements

Stokes Wagner on

The Federal Trade Commission issued a proposed rule on January 5, 2023, that would ban the use of so-called “non-compete” agreements, which are often used in certain industries to protect intellectual property and the...more

Miles & Stockbridge P.C.

FTC’s New Proposed Rule Could Ban Non-Compete Agreements

The Federal Trade Commission (FTC) proposed a rule last week that would ban employers from requiring workers to sign non-compete provisions in employment contracts. The rule also would prevent employers from entering into new...more

Fox Rothschild LLP

.POOF! There goes 500 years of jurisprudence. . .

Fox Rothschild LLP on

One of the earliest reported cases challenging a non-compete clause was Mitchell v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (Q.B. 1711). The clause survived the challenge, and a vigorous jurisprudence delineating the...more

Greenbaum, Rowe, Smith & Davis LLP

FTC Proposes Ban on Non-Compete Agreements

What You Need to Know- •The FTC has proposed a new rule which, if adopted in its current form, would prohibit nearly all private employers from entering into or enforcing non-compete agreements with their employees. •The...more

Polsinelli

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

Polsinelli on

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

WilmerHale

FTC Announces Proposed Rule Banning Employers From Entering Non-compete Clauses With Employees

WilmerHale on

On January 5, 2023, the Federal Trade Commission (FTC or Commission) announced a notice of proposed rulemaking that would ban employers from entering non-compete agreements with their employees. Under proposed rule 16 CFR §...more

Tonkon Torp LLP

Noncompetes Under Fire from the Federal Trade Commission

Tonkon Torp LLP on

UPDATE: The public comment period on the FTC’s notice of proposed rulemaking regarding the Non-Compete Clause Rule closed on April 19, 2023. The FTC has made no recent announcement about the status of the proposed rule.   ...more

BCLP

FTC Proposes Broad Ban on Non-Competes, but there’s an Exception for Dealmakers

BCLP on

Taking aim at what it views as an unfair practice that keeps hundreds of billions of dollars out of workers’ pockets, on January 5 the Federal Trade Commission (FTC) issued proposed rulemaking that would effectively ban...more

Latham & Watkins LLP

New FTC Rulemaking Seeks to Ban Most Non-Competes

Latham & Watkins LLP on

FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition. On January 5, 2023, the Federal Trade Commission (FTC) issued a...more

Cozen O'Connor

FTC Proposes Rule to Ban or Limit Non-Compete Agreements

Cozen O'Connor on

In July of 2021, as part of “a whole-of-government effort to promote competition in the American economy,” President Biden issued an Executive Order on Promoting Competition in the American Economy, encouraging the Federal...more

Husch Blackwell LLP

FTC Proposes Nationwide Ban on Non-Compete Agreements

Husch Blackwell LLP on

On January 5, 2023, the Federal Trade Commission announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements and leave employers with fewer legal means of protecting their...more

Saul Ewing LLP

FTC Proposes Rule Banning Non-Compete Agreements Nationwide

Saul Ewing LLP on

On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a...more

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