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Enforcement Actions Employment Contract Federal Trade Commission (FTC)

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

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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

Cooley LLP

US Noncompete Landscape Recent Developments and Trends

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Following the Federal Trade Commission’s largely unsuccessful attempt to implement a nationwide ban on most post-employment noncompete agreements last year, states have stepped in to fill the legislative gap. The result has...more

Baker Donelson

[Webinar] Protecting Your Competitive Edge and Avoiding Agency Enforcement - April 30th, 9:00 am - 10:30 am ET

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The FTC Non-Compete Rule, recent National Labor Relations Board rulings, and other agency and state actions have put a spotlight on government efforts to address competition. We will address those actions, the associated...more

Cranfill Sumner LLP

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

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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

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

Seyfarth Shaw LLP

FTC Requests Stay of Appeals to Challenges to FTC Non-Compete Rule Citing New Administration

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On March 7, 2025, lawyers for the Federal Trade Commission (FTC) filed motions requesting a 120-day stay of the agency’s appeal of district court decisions in the Fifth Circuit and Eleventh Circuit, which had blocked the...more

Seyfarth Shaw LLP

FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’...

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As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in...more

Stevens & Lee

New Labor Task Force to Investigate and Prosecute Unfair and Anticompetitive Labor Market Conduct

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On Feb. 26, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a “Directive Regarding Labor Markets Task Force” pursuant to which a Joint Labor Task Force is being organized consisting of the Directors of the...more

Vinson & Elkins LLP

FTC Labor Market Task Force: A Surprising Continuation of Biden-Era Priorities

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On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more

Troutman Pepper Locke

FTC Refocuses Its Resources to Continue Its Work for Labor Market

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In what may be a surprise to those who thought that restrictions on the use of noncompetes would go away with the change in administration, this week, the Federal Trade Commission (FTC) announced that the agency will form a...more

Wiley Rein LLP

FTC Announces New Labor Market Task Force and Prioritizes Worker Protections

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On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a memorandum directing the FTC to form a Joint Labor Task Force to prioritize efforts to combat deceptive, unfair, and anti-competitive...more

Vedder Price

Pair of FTC Actions Underscore Continued Focus on Labor Issues

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The FTC took two actions on February 26, 2025 to emphasize its continued focus on labor markets and to rededicate its efforts to a policy priority in common with those of the previous Administration. First, the FTC approved...more

Littler

Antitrust Employment Guidelines Issued by Biden Administration Days Before the Transfer of Power Are Now in Question

Littler on

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

Saul Ewing LLP

Federal Trade Commission and U.S. Department of Justice Issue New “Antitrust Guidelines for Business Activities Affecting Workers”

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The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) recently issued updated guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. The new...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

Jones Day

DOJ and FTC Issue New Antitrust Guidelines for Business Activities Affecting Workers

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During their last week in office, and over the vigorous dissent of Republican FTC commissioners, Biden administration antitrust officials unveil new guidelines intended to replace the 2016 Antitrust Guidance for Human...more

Saul Ewing LLP

Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Issue New “Antitrust Guidelines for Business Activities...

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The FTC and DOJ have updated 2016 antitrust guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. Businesses and their HR personnel need to understand that the...more

Seyfarth Shaw LLP

Noncompete Agreements – Employer Options and Strategies to Reduce Risks

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Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning...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

A&O Shearman

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

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On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Epstein Becker & Green

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

Sheppard Mullin Richter & Hampton LLP

Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?

The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated mission to reinvigorate antitrust...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

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The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Lowenstein Sandler LLP

FTC Proposes to Ban Employee Noncompete Agreements – January 31, 2023 Update

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Updated as of January 31, 2023- The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more

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