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Administrative Procedure Act Non-Compete Agreements Regulatory Authority

Stevens & Lee

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

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A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

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The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

Baker Donelson

60 Days After Loper: Health Care Impact of Chevron Deference's End

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The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more

Buckingham, Doolittle & Burroughs, LLC

Federal Judge Blocks FTC Non-Compete Ban

The wait is over. On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update: FTC’s Ban on Non-Compete Agreements Set Aside

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more

Perkins Coie

Texas District Court Upends FTC Noncompete Rule

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In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more

DLA Piper

Texas Federal Court Halts FTC Noncompete Rule for All Employers Nationwide

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On August 20, 2024, a federal court in Texas granted summary judgment to the plaintiffs in Ryan LLC v. Federal Trade Commission, setting aside and rendering unenforceable the Federal Trade Commission's (FTC) rule banning...more

Saul Ewing LLP

Texas Court Invalidates FTC Ban on Non-Compete Agreements

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By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule...more

CDF Labor Law LLP

Court Issues Nationwide Injunction Against FTC’s Noncompete Ban

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As of yesterday afternoon, employers across the country that utilize noncompete agreements may breathe a sigh of relief, as Judge Ada Brown beat her self-imposed deadline of August 30, 2024 and ordered an end to any...more

Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

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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

Bass, Berry & Sims PLC

Healthcare Private Equity: What to Expect for the Rest of 2024

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Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Robinson & Cole LLP

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties

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In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas enjoined the FTC from implementing or enforcing its noncompete ban (the “Final Rule”) mainly on the grounds that it exceeds...more

Epstein Becker & Green

Plaintiffs in Ryan Case Seek Nationwide Injunction of FTC Noncompete Rule; U.S. Chamber of Commerce Also Seeks Associational...

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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

Epstein Becker & Green

Federal Court Denies Plaintiffs’ Motion for Reconsideration Seeking Expanded Scope of Injunction Staying the FTC’s Noncompete Rule

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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

Rumberger | Kirk

SCOTUS Overturns Chevron Deference – With Immediate Impact

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On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense...more

Venable LLP

The Loper Bright Impact: Agency Action Likely to Face More Scrutiny in Light of the Supreme Court’s Disposal of Chevron Deference

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These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more

Foster Garvey PC

Texas Court’s Preliminary Ruling Delays FTC Noncompete Ban, but Ruling Affects Only Parties to Lawsuit

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On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule that would prohibit entering into noncompete agreements and render most existing noncompetes unenforceable. The FTC final rule prohibits entering...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Baker Donelson

All Eyes on Pennsylvania Federal Court After Texas Court Issues Limited Injunction Against FTC Non-Compete Ban

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A first-in-nation ruling in Texas federal court casts serious doubt on the enforceability of the broad-reaching new Federal Trade Commission (FTC) Noncompete Rule. For any company seeking to legitimately protect its...more

Polsinelli

Impact of the Texas Federal Judge Partially Blocking FTC Ban on Non-Competes for Franchisors and Franchisees

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As reported on July 3 by the Polsinelli Labor & Employment practice group alert, by order dated July 3, 2024 the Northern District of Texas granted a preliminary injunction preventing the Federal Trade Commission (FTC) from...more

Frantz Ward LLP

Texas Court Blocks FTC's Non-Compete Rule

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On Wednesday, July 3, 2024, a federal judge in Texas blocked the Federal Trade Commission’s rule that seeks an almost complete ban of non-compete agreements. In her ruling, Judge Ada Brown of the United States District Court...more

Clark Hill PLC

Federal Court in Texas Stays Effective Date of the FTC’s Ban on Noncompete Agreements

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The United States District Court for the Northern District of Texas finally issued its long-awaited decision on the challenge to the Federal Trade Commission’s Final Rule effectively banning most forms of noncompete...more

Miles & Stockbridge P.C.

First Court to Address FTC Non-Compete Rule Finds it Unlawful - But Limits Injunction to Parties

On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a limited stay and preliminary injunction of the Federal Trade Commission's (FTC) final rule making unlawful virtually all non-compete...more

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