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Corporate Counsel Federal Trade Commission (FTC) Non-Compete Agreements

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Fisher Phillips

Meet the New Boss – Same as the Old Boss? Cryptic FTC Filings Suggest Non-Compete Ban May Not Be Dead After All

Fisher Phillips on

Most observers following the saga of the Federal Trade Commission’s non-compete ban expected a final nail in the coffin last week – voluntary dismissal of the appeal that Biden-era leadership filed to keep the ban alive. That...more

BakerHostetler

States Step In To Fill Void Left by FTC Noncompete Rule

BakerHostetler on

The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more

Fisher Phillips

First 100 Days Report for Employers

Fisher Phillips on

Welcome to FP’s First 100 Days Report for Employers. The first 100 days of any new administration set the tone for what’s to come—and in 2025, that tone has been unmistakable: bold, fast-moving, and deeply consequential for...more

McGuireWoods LLP

New Administration Antitrust Push: DOJ, FTC to Identify Anticompetitive Government Regulations and Labor-Related Practices

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In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Parker Poe Adams & Bernstein LLP

NLRB Counsel Withdraws Non-Compete Memo

The National Labor Relations Board’s acting general counsel withdrew a memorandum issued by his predecessor that characterized some non-competition agreements with employees as violations of federal labor laws....more

ArentFox Schiff

Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

ArentFox Schiff on

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more

Mintz

[Podcast] Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more

Conn Maciel Carey LLP

State Law Considerations Under a New Administration

Conn Maciel Carey LLP on

As eyes turned toward Washington this week and what employers anticipate on a range of labor and employment law issues, practitioners are keeping a close eye on how the changing landscape at the federal level may impact state...more

Herbert Smith Freehills Kramer

Consulting the Crystal Ball — What Employers Can Anticipate in 2025

With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

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Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

Littler

2024’s Top Stories in Unfair Competition and Trade Secrets Law

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2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside...more

Poyner Spruill LLP

Federal Employment Agency Changes to Expect Under the New Administration

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Inauguration Day is upon us, and with the Presidential change comes several anticipated changes to federal employment agency initiatives. We are likely to see federal agencies, including the Federal Trade Commission (FTC),...more

Venable LLP

Labor Law Changes Employers Can Expect Under the Second Trump Administration

Venable LLP on

As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and...more

Wilson Sonsini Goodrich & Rosati

Non-Solicitation Clauses Face Antitrust Scrutiny: Key Takeaways from St. Joseph's v. NAPA

A recent decision from the United States District Court underscores the antitrust risks of non-solicitation clauses in service agreements. In St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C. et...more

Davis Wright Tremaine LLP

The FTC's Crackdown on No-Hire Agreements: What Employers Need To Know

The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including...more

DLA Piper

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

DLA Piper on

Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement...more

Fisher Phillips

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

Fisher Phillips on

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more

Troutman Pepper Locke

Key Employer Updates for 2024/2025 – ‎Part Three: State Law Trends for Restrictive ‎Covenant Agreements

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As year-end nears, many employers are updating their key employment policies and agreements to ensure they align with ever-evolving federal, state, and local laws and changes to business needs. In Part One of this series, we...more

Keating Muething & Klekamp PLL

NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements

This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

Stoel Rives LLP

Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

Stoel Rives LLP on

The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete...more

Sheppard Mullin Richter & Hampton LLP

Final Word on Final Rule? Texas District Court Eviscerates FTC’s Non-Compete Ban

On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule...more

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