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Latest Updates on Legal Challenges to FTC Non-Compete Clause Rule: Federal Courts Split on FTC Non-Compete Ban

As discussed in our previous article, the Federal Trade Commission’s (“FTC”) newly enacted Non-Compete Clause Rule (“Rule”) is set to go into effect on September 4, 2024, by its own terms. The Rule would virtually ban all...more

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and...more

FTC Extends the Public Comment Period for its Proposed Ban on Non-Competes

On March 6, 2023, the Federal Trade Commission (FTC) unanimously voted to extend the public comment period for its proposed rule on banning non-competes until April 19, 2023. Originally, the deadline for submitting comments...more

Following FTC's Lead, Senators Renew Efforts to Ban Non-Compete Agreements

In the wake of the Federal Trade Commission’s (FTC) proposed rule that would effectively ban non-compete agreements nationwide, on February 1, 2023, a bipartisan group of U.S. Senators have renewed their efforts to ban the...more

FTC Proposes Nationwide Ban on Non-Compete Agreements

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

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