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Competition Restrictive Covenants Unfair Competition

Bennett Jones LLP

BC Court of Appeal Confirms “No hire” Clause Not Intended to Injure Employees

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In Latifi v The TDL Group Corp., 2025 BCCA 45, (Latifi) the BC Court of Appeal upheld the summary dismissal of a proposed class action against the Tim Hortons franchisor in Canada. The underlying dispute between the...more

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

FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements

On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Morgan Lewis

Commissioners Signal Changes to FTC Enforcement of Employee No-Hire Restrictions Under Trump-Vance Administration

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The US Federal Trade Commission (FTC or Commission), in the final two months of the Biden administration, entered into two settlements in cases targeting the use of so-called “no-hire” restrictions in services agreements. In...more

Holland & Knight LLP

DOJ, FTC Issue New Antitrust Guidelines on Business Practices Impacting Workers

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Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more

McGuireWoods LLP

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

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On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

K&L Gates LLP

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 4—UAE Prohibition on Abuse of Dominant Position and...

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Similarly to the Old Law, the New Competition Law prohibits the abuse of a “dominant position” in the relevant market by any undertaking, including acts or conduct aimed at distorting, lessening, restricting, or preventing...more

Cranfill Sumner LLP

FTC Appeals Order Striking Down Noncompete Ban

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On October 18, 2024, the Federal Trade Commission (FTC) appealed to the Fifth Circuit a Texas federal court’s decision to strike down the FTC’s nationwide noncompete ban. This comes hot on the heels of the FTC’s September 24,...more

Troutman Pepper Locke

States' Action Still Viable Despite Ban of FTC Noncompete Rule

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The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Troutman Pepper Locke

FTC Noncompete Rule Risks a Wave of State AG Actions

Troutman Pepper Locke on

On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

Seyfarth Shaw LLP

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

Seyfarth Shaw LLP on

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

Cranfill Sumner LLP

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

Cranfill Sumner LLP on

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

Smith Anderson on

As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

Hendershot Cowart P.C.

Does the FTC Non-Compete Ban Apply to Non-Solicitation Clauses Too?

Does the Federal Trade Commission’s (FTC) ban on non-compete clauses apply to non-solicitation clauses? It depends. The FTC ban on non-compete clauses can apply to non-solicitation agreements. However, only those that are so...more

Patterson Belknap Webb & Tyler LLP

FTC Approves Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more

Otten Johnson Robinson Neff + Ragonetti PC

The FTC Bans Non-Compete Agreements – What You Need to Know

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more

Mandelbaum Barrett PC

The Death Knell for Noncompetes as We Know Them

Mandelbaum Barrett PC on

Those in the greater New York metropolitan area felt an earthquake a few weeks ago.  There was a much stronger one that will be felt for years to come across the United States.  It resulted from the Non-Compete Clause Final...more

Ervin Cohen & Jessup LLP

FTC Issues Nationwide Ban on Most Non-Compete Agreements

The Federal Trade Commission recently issued a final rule largely banning the use of non-compete agreements nationwide. The stated purpose of the rule is to address the substantially increased harm non-compete agreements have...more

Shutts & Bowen LLP

FTC Issues Final Rule Banning Most Non-Compete Agreements

Shutts & Bowen LLP on

On April 23, 2024, the Federal Trade Commission, by a vote of 3-2, issued a Final Rule concerning unfair methods of competition and non-compete agreements. The Rule will become effective 120 days after its publication in the...more

Holland & Knight LLP

The FTC Issued a New Rule to Ban All New Noncompete Agreements

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC Issued a New Rule to Ban All New Noncompete Agreements," consumer protection attorney Anthony DiResta examines the Federal Trade Commission's new rule...more

Dickinson Wright

FTCはほとんどの競業避止義務から従業員を解放したが、禁止はどこまで続くのでしょうか?

Dickinson Wright on

連邦取引委員会(以下「FTC」)は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則(以下「最終規則」)を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後(「発効日」)であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...more

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