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Seyfarth Shaw LLP

Restrictive Covenant Law For The First Four Months of 2025

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With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....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

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

Spilman Thomas & Battle, PLLC

Limited Competition: Why the FTC and Trump Administration are Unlikely to Rollback Limits on Agreements that Restrict Employee...

One of the biggest hot topics during the Biden administration was the legality and enforceability of non-compete agreements in employment. The Biden administration aggressively tried to eliminate employer-imposed restraints...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...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

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

Robinson+Cole Manufacturing Law Blog

2025 Labor and Employment Outlook for Manufacturers: Employer-Friendly Skies on the Horizon

As we look ahead to 2025, several important labor and employment law changes, planned and potential, are on the horizon. With President Trump set to return to the Oval Office on January 20, 2025, labor and employment law...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

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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

Epstein Becker & Green

The Future of Federal Non-Compete Bans in a Trump Administration

Epstein Becker & Green on

Highlights - The fate of FTC and NLRB efforts to ban non-compete agreements hinges on President-elect Trump’s still unannounced picks to lead those agencies....more

DLA Piper

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

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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

Husch Blackwell LLP

Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault

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Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal...more

Genova Burns LLC

FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-Competes

Genova Burns LLC on

In April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three...more

Epstein Becker & Green

NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions

Epstein Becker & Green on

National Labor Relations Board (“Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) issued a General Counsel Memo (Memo GC 25-01) last week signaling that employers could face civil prosecution and significant monetary...more

Davis Wright Tremaine LLP

NLRB General Counsel Expands Attack on Non-Competes, Including Stay-or-Pay Provisions

Continuing in the vein of earlier attempts to crack down on non-competition agreements for employees who are covered under the National Labor Relations Act (the "Act"), the General Counsel of the National Labor Relations...more

Baker Donelson

Should Employees Stay or Should They Go: The NLRB and FTC Crack Down on Restrictive Covenants

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Many employers were encouraged when a federal court in Texas last month blocked the enforcement of a Federal Trade Commission (FTC) prohibition against essentially all non-compete employment agreements in Ryan, LLC v. FTC....more

Dinsmore & Shohl LLP

Trade Secret Protection as a “Trade-Off” for Non-Competes

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Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor....more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Annual Labor & Employment Law Seminar: Key Updates and Best Practices for Employers - September 18th, Philadelphia, PA

We are thrilled to bring back our Annual Labor & Employment Law Seminar in Philadelphia, featuring interactive discussions led by our skilled attorneys on critical topics impacting your business. This year, our Labor &...more

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

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This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

Warner Norcross + Judd

FTC Noncompete Rule Set Aside with Nationwide Effect

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On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

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