News & Analysis as of

Restrictive Covenants Section 5 Federal Trade Commission (FTC)

Faegre Drinker Biddle & Reath LLP

Recent Decisions in Noncompete Cases Expose Deep Divides in Opposing Visions for Antitrust Enforcement

On July 3, 2024, plaintiffs in Ryan LLC v. Federal Trade Commission won their first significant victory in their noncompete case against the Federal Trade Commission (FTC) when Judge Ada Brown of the Northern District of...more

Troutman Pepper

Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

Troutman Pepper on

In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more

Hogan Lovells

Texas Federal Court grants preliminary injunction blocking FTC rule banning non-compete agreements

Hogan Lovells on

On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule)...more

Seyfarth Shaw LLP

FTC Non-Compete Ban: What You Need to Know (UPDATED)

Seyfarth Shaw LLP on

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

Jenner & Block on

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

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

Bowditch & Dewey

New FTC Rule Imposes Sweeping Ban on Non-Compete Agreements with Workers

Bowditch & Dewey on

In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment...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

McGuireWoods LLP on

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

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Fisher Phillips

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

Fisher Phillips on

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

Bowditch & Dewey

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

Bowditch & Dewey on

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

Cooley LLP on

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

Jackson Walker

Federal Trade Commission Announces New Proposed Ban on Non-Competes in the Workplace

Jackson Walker on

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that would prohibit non-compete agreements in the workplace. The proposed rule follows on the heels of a statement issued by the FTC in...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

Dickinson Wright on

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 

Seyfarth Shaw LLP on

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

Locke Lord LLP on

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

Hogan Lovells

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

Hogan Lovells on

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

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