News & Analysis as of

Federal Trade Commission (FTC) Pending Litigation

Kelley Drye & Warren LLP

FTC Extends Compliance Deadline for Negative Option or ​“Click to Cancel” Rule, but Indicates Intent to Enforce as Written in July

Late Friday, the FTC announced that the Commission had voted 3-0 to extend the compliance deadline for the to-be-effective provisions of the Negative Option Rule, formerly known as the ​“Click to Cancel Rule.” While the...more

Lathrop GPM

FTC Priorities Remain Uncertain

Lathrop GPM on

On March 18, the Trump administration fired two Democratic appointed Federal Trade Commission (FTC) commissioners, Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners, Melissa Holyoak and...more

Wiley Rein LLP

What Comes Next at the FTC, After Removal of Two Commissioners

Wiley Rein LLP on

On March 18, President Trump removed the two Democratic Commissioners at the Federal Trade Commission (FTC), a move that sets up litigation as the Commissioners appear likely to challenge their removal. Pending any...more

BakerHostetler

FTC Files Brief Fully Supporting Its Click-to-Cancel Rule

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Just prior to the Federal Trade Commission’s (FTC or Commission) publication of its Click-to-Cancel Rule (the Rule) – which we wrote about in depth here – in the Federal Register, several trade associations filed petitions...more

Venable LLP

DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising

Venable LLP on

On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more

Goodwin

FTC’s First Merger Challenge Under New Leadership Signals Return to Traditional Antitrust Theories in Private Equity Deals

Goodwin on

On March 6, 2025, the Federal Trade Commission (FTC) filed a lawsuit in federal court challenging GTCR BC Holdings, LLC's (GTCR) proposed acquisition of Surmodics, Inc. (Surmodics). The complaint alleges that the transaction...more

WilmerHale

Year in Review: 2024 Generative AI Litigation Trends

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Generative AI continued to be a hot topic for privacy-related litigation in 2024. In the US, companies using and deploying this technology saw themselves subject to lawsuits under various state and federal theories of...more

Venable LLP

Fast VAST Update: Federal Court Declines to Stay FTC Negative Option Rule During Challenge

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Last Friday in a 2-1 order, the Eighth Circuit Court of Appeals rejected an initial challenge to the Federal Trade Commission’s (FTC) Negative Option Rule. The challengers had asked the court to stay the Rule from taking...more

Fenwick & West LLP

FTC Publishes 2025 Adjusted HSR Thresholds, While Business Groups Sue to Block New Reporting Rules

Fenwick & West LLP on

On January 10, 2025, the Federal Trade Commission announced 2025 annual statutory adjustments to the Hart-Scott-Rodino Act thresholds. These thresholds determine which mergers and acquisitions must be reported to United...more

Goodwin

Business Groups File Lawsuit Challenging HSR Rule Changes

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On Friday, January 10th, 2025, the US Chamber of Commerce, American Investment Council, Business Roundtable, and Longview Chamber of Commerce (collectively the “Plaintiffs”) filed a joint lawsuit challenging the FTC’s and...more

Hudson Cook, LLP

To Be or Not To Be: Challenge to the FTC's CARS Rule Is Ripe for the Fifth Circuit to Decide

Hudson Cook, LLP on

On October 9, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on the challenge by the National Automobile Dealers Association and the Texas Automobile Dealers Association ("Petitioners") to the...more

Mintz - Health Care Viewpoints

PBM Policy and Legislative Update — Fall 2024

Mintz’s PBM practice is pleased to present its quarterly publication, PBM Policy and Legislative Update. This edition builds upon prior issues and summarizes activity from July through September that affects the PBM industry....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

Goodell, DeVries, Leech & Dann, LLP

FTC Final Rule on Noncompete Clauses: Pending Litigation

There are several legal challenges to the Federal Trade Commission’s (FTC) ban on noncompete clauses in employment agreements. There have been multiple lawsuits in varying federal district courts that seek to delay or...more

Goodwin

Express Scripts Sues FTC Over Report on Pharmacy Benefit Management Industry

Goodwin on

​​​​​​​On September 17, Express Scripts, Inc. (“Express Scripts”), one of the largest pharmacy benefit managers (PBMs) in the United States, brought suit against the Federal Trade Commission (“FTC”) over its July 2024 interim...more

Parker Poe Adams & Bernstein LLP

How Employers Should Navigate an Environment After FTC Noncompete Rule Was Struck Down

The Federal Trade Commission recently posted a notice on its website acknowledging that the federal court injunction issued in Texas will prevent implementation for now of its final regulations restricting use of...more

Venable LLP

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

Venable LLP on

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

Nutter McClennen & Fish LLP

Federal Court Blocks FTC's Non-Compete Ban

On August 20, a federal judge in the Northern District of Texas ruled that the Federal Trade Commission (“FTC”) cannot enforce its rule banning the use of non-compete agreements for most workers. Significantly, the court...more

Parker Poe Adams & Bernstein LLP

Federal Court Strikes Down FTC Noncompete Rule

For those of you who have been following along with the Federal Trade Commission’s (FTC) looming noncompete ban and the various challenges it has presented, there comes good news for employers from a Texas federal court....more

Venable LLP

Court Rules FTC’s Non-Compete Rule Is Unenforceable Nationwide

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The Federal Trade Commission’s (FTC) rulemaking crusade suffered a serious blow this week, when Judge Ada Brown of the Northern District of Texas set aside the agency’s Final Rule that made most employment-related non-compete...more

Womble Bond Dickinson

Federal Court Strikes Down FTC's Noncompete Clause Rule

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As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule...more

Smith Anderson

FTC’s Non-Compete Rule Struck Down Nationwide

Smith Anderson on

As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more

BakerHostetler

Stop the Notices to Employees: FTC Noncompete Rule Vacated Nationwide

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Texas District Judge Ada Brown issued a decision on August 20 in response to competing motions for summary judgment filed by Ryan LLC, the U.S. Chamber of Commerce and the FTC in a case that challenged the FTC’s authority to...more

Winstead PC

Pencils Down on Those Notices, Employers: A Federal Judge Just Set Aside FTC Noncompete Rule

Winstead PC on

Earlier this summer, Winstead’s Labor & Employment team reported that Judge Ada Brown in the U.S. District Court for the Northern District of Texas issued a preliminary injunction as applied only to the plaintiffs in Ryan LLC...more

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