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Biden Administration Non-Compete Agreements Enforcement Actions

Bradley Arant Boult Cummings LLP

The NLRB’s 2025 U-Turn: Stay Buckled

As many of you no doubt read in our Bradley Labor and Employment Practice Group publications and many other sources, the Biden presidency was probably the most pro-union administration in history, and the actions of the...more

Foley & Lardner LLP

One Year Later, FTC’s Noncompete Ban Remains on Life Support, as FTC Mulls Pulling the Plug

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As readers of this blog will recall, last April, the Federal Trade Commission (FTC) voted along party lines to finalize a rule (the Noncompete Ban) that would have banned the vast majority of employee noncompete agreements...more

Cranfill Sumner LLP

Fifth and Eleventh Circuits Grant FTC’s Motion to Stay Appeals Challenging Non-Compete Ban

Cranfill Sumner LLP on

On March 15, 2025, the Fifth Circuit granted the FTC’s motion for a 120-day stay of the agency’s appeal of the district court decision to block its proposed ban on non-competes. The Eleventh Circuit followed suit on March 20,...more

Holland & Knight LLP

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

Holland & Knight LLP on

Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has...more

Dorsey & Whitney LLP

Biden Administration Labor Law Initiatives Swept Away

Dorsey & Whitney LLP on

In a widely expected move, Acting National Labor Relations Board (“NLRB”) General Counsel William Cohen rescinded a range of Biden Administration labor-law policies, including high-profile directives that targeted...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration

Less than a week before the inauguration of President Donald Trump, the Federal Trade Commission (FTC) and U.S. Department of Justice’s (DOJ) Antitrust Division jointly published guidelines on assessing whether business...more

Mogin Law LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

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In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

Vedder Price

DOJ and FTC Release Replacement Human Resources Guidelines to an Uncertain Future

Vedder Price on

Days before President Trump’s inauguration, the Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) replaced their Antitrust Guidance for Human Resources Professionals (“2016...more

Skadden, Arps, Slate, Meagher & Flom LLP

Keep Your Seatbelts Fastened: The Wild Antitrust Ride May Not Be Over

Key Points - - We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

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The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

White & Case LLP

Major proposed changes to US antitrust rules present new hurdles

White & Case LLP on

Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

Jenner & Block

Non-Competes Under Attack

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In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Mintz - Employment Viewpoints

FTC Seeks to Ban Non-Competes: What it Means for Businesses & Employees

What happened: The Federal Trade Commission is seeking to ban non-compete agreements nationwide. Why it matters to employers: If the rule goes into effect and withstands legal challenges (a big if), the impact on...more

Jenner & Block

Client Alert: The FTC Proposes Ban on Non-Competes

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The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

ArentFox Schiff

FTC Signals First Action Restricting the Use of Noncompetes

ArentFox Schiff on

On June 15, Lina Khan was sworn in as Chairwoman of the Federal Trade Commission. In an interview with The Wall Street Journal last week, Khan announced that the agency plans to use enforcement actions to curtail the use of...more

Bass, Berry & Sims PLC

Be Prepared: Aggressive Antitrust Enforcement Is Back

Bass, Berry & Sims PLC on

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and...more

King & Spalding

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

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As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more

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