Against a growing trend of legislation and broader efforts seeking to limit or eliminate post-employment noncompetition restrictions, recent Massachusetts and First Circuit decisions in a dispute between DraftKings and one of...more
10/9/2024
/ Appeals ,
Breach of Contract ,
Choice-of-Law ,
Competition ,
Contract Terms ,
Employment Contract ,
Enforceability ,
Former Employee ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Resignation ,
Restrictive Covenants ,
Unenforceable Contract Terms
In an eagerly awaited decision, United States District Judge for the Northern District of Texas Ada Brown issued yesterday a nationwide injunction striking down the Federal Trade Commission’s Noncompete Clause Rule,...more
On June 28, the Supreme Court handed down its decision in Loper Bright Enterprises v. Raimondo, overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In its 1984 Chevron decision, the Court held that...more
7/9/2024
/ Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Hart-Scott-Rodino Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Proposed Rules ,
Reasonable Interpretations ,
Regulatory Authority ,
SCOTUS ,
Section 5 ,
Statutory Interpretation
As we previously reported, the Federal Trade Commission (FTC) announced on April 23, 2024, its Non-Compete Clause Rule (Final Rule), which aims to ban all new post-employment non-competition restrictions and invalidate most...more
On April 23, 2024, the Federal Trade Commission (FTC), in a highly anticipated vote, passed the Non-Compete Clause Rule, 16 CFR § 910 (the Rule), which purports to bar all non-competes in the United States, subject to limited...more
4/26/2024
/ Chamber of Commerce ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
2023 has seen its fair share of headlines with respect to developments in non-competition law: in January, the Federal Trade Commission proposed a rule that would ban most non-competes; in May, the National Labor Relations...more
Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more
On August 10, 2018, Massachusetts Governor Charlie Baker signed a bill reforming Massachusetts law regarding non-competition agreements. This new law, which takes effect on October 1, 2018, will require employers to modify...more