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Restrictive Covenants Unfair Competition Employment Contract

Cadwalader, Wickersham & Taft LLP

FTC Appeals Recent Losses in Non-Compete Rule Litigation, and Another Litigant Drops Its Challenge

We reported last month that the district court in the northern district of Texas had “set aside” the Federal Trade Commission’s recently finalized rule prohibiting employers from entering into, and enforcing, non-compete...more

Fisher Phillips

October’s Spookiest Restrictive Covenant Developments: An Employer’s 5-Ingredient Witches’ Brew to Ward Off Harm

Fisher Phillips on

“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more

Kerr Russell

FTC’s Ban on Covenants Not to Compete Remains on Hold

Kerr Russell on

The legal arguments advanced in these court cases mainly concern whether the FTC has the statutory authority to enact such a ban. Shortly before the September 4, 2024 effective date of FTC’s ban on covenants not to compete,...more

Cranfill Sumner LLP

FTC Appeals Order Striking Down Noncompete Ban

Cranfill Sumner LLP on

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

Fisher Phillips

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

Fisher Phillips on

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

Seyfarth Shaw LLP

Noncompete Agreements – Employer Options and Strategies to Reduce Risks

Seyfarth Shaw LLP on

Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning...more

Ervin Cohen & Jessup LLP

FTC’s Nationwide Ban on Non-Compete Agreements Stopped by Federal Court Ruling

The FTC’s effort to implement a nationwide ban on the use of most non-compete agreements has been stalled indefinitely following a recent court ruling by a district court judge in Texas....more

Cadwalader, Wickersham & Taft LLP

FTC’s Rule Banning Non-Compete Agreements Is “Set Aside” Nationwide in District Court Ruling, But Two District Courts Find FTC...

The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go...more

Troutman Pepper Locke

States' Action Still Viable Despite Ban of FTC Noncompete Rule

Troutman Pepper Locke on

The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Cozen O'Connor

Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?

Cozen O'Connor on

In this special 150th podcast episode, Michael Schmidt is joined by his Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing...more

Stokes Wagner

Federal Noncompete Ban Struck Down

Stokes Wagner on

The District Court for the Northern District of Texas issued a decision striking down the Federal Trade Commission’s rule banning non-compete agreements, which was set to take effect on September 4, 2024....more

Kennedys

The FTC’s effort for a non-compete ban has been judicially struck down, however, its fate still hangs in the balance

Kennedys on

The Federal Trade Commission’s (“FTC”) efforts to ban non-compete agreements was significantly curtailed when a federal judge in Texas, on August 20, 2024, issued a nationwide injunction, finding the FTC’s ban on non-compete...more

Parker Poe Adams & Bernstein LLP

How Employers Should Navigate an Environment After FTC Noncompete Rule Was Struck Down

The Federal Trade Commission recently posted a notice on its website acknowledging that the federal court injunction issued in Texas will prevent implementation for now of its final regulations restricting use of...more

BCLP

Federal Court Strikes Down FTC’s Non-Compete Ban

BCLP on

Employers can breathe a sigh of relief as a Texas federal judge set aside the Federal Trade Commission’s (FTC) impending ban on non-compete clauses.  The FTC published a final rule banning all non-compete clauses with...more

Tucker Arensberg, P.C.

The FTC’s Non-Compete Rule Has Been Struck Down and Will No Longer Take Effect on September 4, 2024.

Tucker Arensberg, P.C. on

On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, set aside the Federal Trade Commission’s “Non-Compete Rule” (the “Rule”). ...more

Tarter Krinsky & Drogin LLP

FTC Non-Compete Ban Set Aside

Last week, on the eve of the effective date of the FTC's ban on non-compete agreements, a Texas federal district court found that the agency had exceeded its authority in enacting the ban. The Court also explained that its...more

Chartwell Law

The End of Non-Compete Agreements: How the FTC's New Rule Could Reshape Employment Contracts

Chartwell Law on

The structure of employment contracts is undergoing a seismic shift with the recent move by the Federal Trade Commission (FTC) to ban non-compete clauses. This landmark decision has the potential to reshape how businesses...more

Payne & Fears

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

Payne & Fears on

The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive...more

Groom Law Group, Chartered

FTC Noncompete Rule Set Aside by Federal Court

On August 20, 2024, a federal court in the Northern District of Texas issued a nationwide injunction blocking a final rule issued earlier this year by the Federal Trade Commission (“FTC”). This final rule would have put an...more

Kelley Drye & Warren LLP

It appears the FTC’s Rule Prohibiting Noncompetes is Dead (For Now)

The ability of employers to legally enforce noncompetition restrictions received a big win last week when a federal court in Texas set aside the Federal Trade Commission’s (FTC) Final Rule seeking to ban noncompete clauses...more

Troutman Pepper Locke

FTC Noncompete Rule Risks a Wave of State AG Actions

Troutman Pepper Locke on

On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

Venable LLP on

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

Nutter McClennen & Fish LLP

Federal Court Blocks FTC's Non-Compete Ban

On August 20, a federal judge in the Northern District of Texas ruled that the Federal Trade Commission (“FTC”) cannot enforce its rule banning the use of non-compete agreements for most workers. Significantly, the court...more

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