In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) followed up its recent resurrection of the Robinson-Patman Act (RPA) with another RPA suit—now, alleging price discrimination through...more
In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more
12/27/2024
/ Appeals ,
California ,
Confidentiality Agreements ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Private Right of Action ,
Rulemaking Process ,
Severance Agreements
In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) for the first time in decades filed an action alleging secondary line price discrimination under the Robinson-Patman Act (RPA). The FTC's...more
The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including...more
For the first time in over 45 years, the Federal Trade Commission (in collaboration with the U.S. Department of Justice, Antitrust Division) announced final changes to the Hart-Scott-Rodino Act ("HSR Act") premerger...more
In one of the most highly anticipated court rulings of the summer, on August 20, 2024, the U.S. District Court for the Northern District of Texas concluded that the FTC's Non-Compete Rule, which makes most non-compete...more
Arising out of a March 2024 meeting of the White House Competition Council, President Biden announced the launch of a Strike Force on Unfair and Illegal Pricing designed "to strengthen interagency efforts to root out and stop...more
8/6/2024
/ Anti-Competitive ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Excessive Fees ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Pricing ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Unfair or Deceptive Trade Practices ,
USDA
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision greenlighting the Federal Trade Commission's (FTC) final rule banning most non-compete agreements in the United States and...more
The FTC's rule invalidating most non-competition clauses in the United States would have gone into effect on September 4, 2024; now the FTC's rule is on indefinite hold as this court decision winds its way through the appeals...more
Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more
5/9/2024
/ Corporate Executives ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
Occam's Razor holds that sometimes the simplest explanation is the right one. On April 23, 2024, the U.S. Federal Trade Commission ("FTC") took such a view, announcing in a 3-2 vote along party lines that, as the U.S. agency...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more
Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants -
Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme...more
The Federal Trade Commission announced that as of February 23, 2024, the reporting thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of...more