After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more
With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands....more
Last week, employers who use noncompetes got more good news with respect to the Federal Trade Commission’s proposed noncompete ban....more
Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more
8/21/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Arbitrary and Capricious ,
Chevron Deference ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labor Law Violations ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Texas ,
Unfair Competition
After what must have been a grueling two-hour and 52-minute oral argument on the merits of a challenge to the FTC’s Final Rule banning noncompetes, Judge Timothy Corrigan of the United States Court for the Middle District of...more
We previously reported that Ryan LLC (“Plaintiff”) and the United States Chamber of Commerce (“Plaintiff-Intervenor”), in anticipation of the Northern District of Texas’s merits disposition, would likely seek nationwide...more
We previously reported that the U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Comm’n, Case No. 3:24-cv-00986-E, granted a preliminary injunction staying the Federal Trade Commission’s...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
Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more
6/28/2024
/ Asset Protection ,
Confidential Information ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more
Part 1: How Should Employers Handle Current Noncompete Disputes with Departing Employees? This three-part blog series is intended to identify and respond to three of the most frequently posed questions by employers in...more
We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete...more
4/26/2024
/ Chamber of Commerce ,
Competition ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
As expected, the Federal Trade Commission (FTC) voted 3-2 yesterday to issue its final noncompete rule, with only a few changes from the proposed rule that are discussed below. Unless it is enjoined, which we expect, the rule...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants