News & Analysis as of

Federal Trade Commission (FTC) Hiring & Firing Constitutional Challenges

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

Ballard Spahr LLP on

A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

Ballard Spahr LLP

Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear

Ballard Spahr LLP on

In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that prohibits the Democratic members of the National Labor Relations Board...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

Ballard Spahr LLP on

The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Kelley Drye & Warren LLP

What’s Next at FTC Following Firings of Democratic Commissioners?

It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service on the FTC is inconsistent with . . . administration priorities.” In the days since, we’ve been...more

Troutman Pepper Locke

Trump Fires the Two Democratic FTC Commissioners: What This Means Going Forward

Troutman Pepper Locke on

On March 18, President Donald Trump dismissed the two Democratic commissioners from the Federal Trade Commission (FTC). The removal of Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter has sparked significant...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

Venable LLP on

On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...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

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

Seyfarth Shaw LLP on

The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

Polsinelli

Lawsuits Filed Challenging the FTC’s Final Rule Banning Non-Competes

Polsinelli on

To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for...more

Seyfarth Shaw LLP

Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

Seyfarth Shaw LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers...more

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