The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit.
In August 2024, mere days before the Final Rule was to take effect, Judge...more
2/20/2025
/ Amicus Briefs ,
Appeals ,
Department of Justice (DOJ) ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Rulemaking Process ,
Statutory Interpretation ,
Summary Judgment ,
Unfair Competition
This week, on our Spilling Secrets podcast series, our panelists discuss the ongoing legal challenges to the Federal Trade Commission’s (FTC’s) nationwide non-compete ban and what the future may hold for employers:
On July...more
On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more
As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The...more
5/20/2024
/ Amicus Briefs ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants