Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an...more
The hot mess known as the FTC Rule to Ban Non-Competes (“Rule”) continues to get hotter and messier as two Federal District Courts issue conflicting opinions. This conflict between the Federal Courts will not be resolved...more
8/6/2024
/ Best Practices ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Legislation ,
Popular ,
Preliminary Injunctions ,
Restrictive Covenants ,
Unfair Competition
The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Executives ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more
As previously highlighted by Benesch, the Federal Trade Commission (“FTC”) kicked off 2023 by proposing an unprecedented, sweeping “crack-down” on non-competition agreements. The FTC's proposed rule (“Rule”) would ban...more
The Federal Trade Commission’s (“FTC”) threats of “cracking down” on non-competition agreements transformed into actual action with two dramatic moves this week. First, on January 4, the FTC ordered three companies,...more
1/9/2023
/ Competition ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition