Update on the State of Non-compete Restrictions (LaborSpeak)
(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers (Podcast)
The FTC Issued a New Rule to Ban All New Noncompete Agreements
#WorkforceWednesday: FTC Nixes Non-Competes Nationwide—Now What? - Employment Law This Week® - Spilling Secrets Podcast
Podcast - Exploring the FTC's Aggressive Effort to Limit Employment Agreements
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
On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more
Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade...more
On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more
The Federal Trade Commission’s (FTC) ambitious attempt to implement a nationwide ban on non-compete agreements (with limited exceptions) has hit a significant legal roadblock. On August 20, 2024, U.S. District Judge Ada Brown...more
*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more
Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more
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
Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more
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
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
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
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
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
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that effectively bans most noncompete agreements in the United States. The FTC’s rule is scheduled to go into effect 120 days after it is...more
By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements. The final rule is scheduled to go...more
FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more
Yesterday, the Federal Trade Commission (“FTC”) announced its long-anticipated final rule finding that the vast majority of non-compete agreements constitute unfair methods of competition, and are thus invalid. An estimated...more
When is the FTC’s rule effective? The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is...more
The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition: With respect to a worker other than a senior executive: To enter into or attempt to enter into a...more
In a monumental move, the Federal Trade Commission approved a final rule on April 23, 2024, that effectively invalidates most noncompete agreements. This rule will take effect 120 days after it is published in the Federal...more
In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using...more
Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts....more
On April 23, 2024, the Federal Trade Commission (“FTC”) approved and issued a final rule effectively banning non-compete agreements nationwide (the “Final Rule”). As a result of a 3-to-2 vote, the FTC found that non-compete...more