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In August 2024, a Texas federal court struck down a broad Federal Trade Commission (FTC) rule that would have banned the vast majority of employee non-competition agreements. ...more
This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more
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
Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more
In August 2024, a federal district court set aside the Federal Trade Commission’s rule banning non-competes. The FTC recently halted its appeals of that ruling and a similar decision, likely signaling the abandonment of a...more
As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more
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
Connecticut declines to restrain departed founder from using client list - A Connecticut federal judge in TJT Capital Group, LLC v. Timothy McFadden denied an investment adviser’s motion for a temporary restraining order...more
When it comes to restrictive covenants, the veterinary industry is rapidly evolving. Many successful practices are adapting to these changes and taking a progressive approach when it comes to recruiting new DVMs. Employers...more
On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among...more
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule that attempts to eliminate almost all post-employment non-compete covenants. The validity of the rule is currently being litigated and the results...more
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
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
On January 16, 2025, just days before transferring power to the new administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued updated Antitrust Guidelines for Business Activities Affecting...more
It is nearly impossible to think about the Federal Trade Commission (“FTC”) without thinking about the chaos caused by the non-compete ban it approved last year over vociferous dissent only to have the ban vacated and set...more
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
Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more
“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more
Earlier this year, the Federal Trade Commission (FTC) announced a Final Rule outlawing nearly all noncompete agreements between employers and employees. That Final Rule, however, was overturned at the end of August 2024....more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more
This just in: Judge Ada Brown ruled yesterday on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary...more
Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more
On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements....more