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
As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more
11/29/2023
/ Breach of Contract ,
Competition ,
Corporate Counsel ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
NLRB ,
Non-Compete Agreements ,
Preemption ,
Restrictive Covenants