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With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements. On August 20,...more
If September 4, 2024, was circled on your calendar as the start of the federal government’s anti-restrictive covenant push into private employment contracts, hopefully it was in pencil. Last week, Judge Ada E. Brown of the...more
A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more
On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more
On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on...more
On August 20, 2024, the United States District Court for the Northern District of Texas invalidated the FTC’s rule banning most non-compete agreements. Ryan LLC et al v. Federal Trade Commission, WL 3297524 (08/20/2024)....more
Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more
On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more
On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more
With the effective date of the FTC’s ban on non-competes looming, a federal Judge in Pennsylvania declines to issue a preliminary injunction. A federal judge in Pennsylvania recently declined to enter an injunction...more
On July 23, 2024, a federal judge from the Eastern District of Pennsylvania declined to issue a preliminary injunction that would block the Federal Trade Commission’s (“FTC”) rule banning most noncompete agreements, current...more
On July 3, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas preliminarily enjoined the Federal Trade Commission ("FTC") from enforcing the Final Noncompete Rule ("Rule") against the...more
The FTC’s recent rule largely rendering employment-related non-compete covenants unenforceable has hit a roadblock—at least with respect to the named plaintiffs in the first-filed challenge, Ryan, LLC v. FTC. To recap...more
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
On April 23, 2024, the Federal Trade Commission (“FTC”) adopted a Non-Compete Clause Rule (the “Rule”) that bans non-compete clauses between workers and employers as unfair methods of competition under Section 5 of the FTC...more
The Federal Trade Commission (FTC) recently issued a final rule that bans noncompete clauses (“noncompetes”) nationwide. The FTC believes the new rule will protect the ability of workers to change jobs, increase innovation,...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more
In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more
On April 23, 2024, the Federal Trade Commission (FTC) announced its final Rule (16 CFR Part 910) that bans non-compete clauses for most workers as unfair competition under federal law, specifically Section 5 of the FTC Act...more
連邦取引委員会（以下「FTC」）は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則（以下「最終規則」）を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後（「発効日」）であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...more
On April 24, 2024, Winstead’s Labor & Employment team reported that—after much anticipation— the FTC issued its final rule banning noncompete agreements nationwide. In our initial post, we noted that the final rule had yet to...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule regarding noncompete clauses, and which determined that such clauses are an unfair method of competition and therefore violate section 5 of the...more
By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements. The final rule is scheduled to go...more
On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more
FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more