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FTC Act Appeals

Wiley Rein LLP

FTC Takes on Noncompete Agreements as New State Laws Take Effect

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Noncompete agreements are the focus of a new enforcement activity by the FTC this month while states continue to restrict their use. Below are key takeaways for all employers who use noncompete agreements and further...more

Ice Miller

Federal Trade Commission Ends Appeals, Shifts Focus to Noncompete Enforcement

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On September 5, 2025, the Federal Trade Commission (FTC) formally moved to dismiss its appeals in Ryan, LLC v. FTC (5th Cir.) and Properties of the Villages v. FTC (11th Cir.), effectively abandoning its 2024 Noncompete...more

Kilpatrick

FTC’s Rule Banning Non-Competes is Benched, But Enforcement Actions Are in Play

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This Alert is the latest installment in our reporting on the Federal Trade Commission’s (“FTC”) 2024 rule banning non-competes and the future of the Commission’s strategy for regulating the use of restrictive covenants in the...more

Proskauer - Law and the Workplace

FTC Signals Forthcoming Non-compete Enforcement Actions

On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes...more

Troutman Pepper Locke

FTC Stakes Out Its Position on Worker Noncompetes

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Three nearly simultaneous actions of the Federal Trade Commission (FTC) confirmed its intentions with respect to employee noncompetes. In the first two related actions, the FTC indicated it will not defend its 2024 rule...more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Sheppard Mullin Richter & Hampton LLP

Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule

The Federal Trade Commission (“FTC”) set out to modernize the Negative Option Rule promulgated in 1973, now referred to as the “Click to Cancel” rule (the “Rule”), to make it easier for consumers to cancel recurring...more

Lathrop GPM

Dismissed FTC Commissioner Granted Summary Judgment in Her Challenge to Her Removal Without Cause, but Enforcement of Judgment...

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A federal court in the District of Columbia has recently granted summary judgment to former FTC commissioner Rebecca Slaughter, who is challenging her removal from the FTC by President Trump. Slaughter v. Trump, 2025 WL...more

WilmerHale

Eighth Circuit Vacates the FTC's Click to Cancel Rule, but Federal and State Regulators Likely to Remain Active

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On July 8, 2025, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) “Click to Cancel” Rule....more

Venable LLP

Judge Rejects President Trump’s “At-Will” Firing of Democratic FTC Commissioner

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A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. ...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit vacates FTC’s “click-to-cancel” rule ahead of compliance

On July 8, the U.S. Court of Appeals for the Eighth Circuit vacated a rule issued by the FTC that sought to expand the negative option rule to cover modern forms of negative option marketing in media, following challenges...more

Bass, Berry & Sims PLC

Eighth Circuit Vacates FTC’s Click-to-Cancel Rule

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On July 8, the U.S. Court of Appeals for the Eighth Circuit issued a unanimous opinion in Custom Communications Inc. v. Federal Trade Commission that vacates the Federal Trade Commission’s (FTC) Rule Concerning Recurring...more

Lerman Senter PLLC

"Click to Cancel" Rule Vacated Ahead of July 14th Deadline

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Just days before the “Click to Cancel” negative option rule was to go into effect, the Eight Circuit Court of Appeals vacated the rule in its entirety. As explained in our previous alert, the rule, which would have gone into...more

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

Orrick, Herrington & Sutcliffe LLP

5th Circuit strikes down FTC’s CARS Rule

On February 4, the U.S. Court of Appeals for the Fifth Circuit struck down the FTC’s Combating Auto Retail Scams Trade Regulation Rule (CARS Rule), which aimed to address deceptive practices such as bait-and-switch tactics...more

Ballard Spahr LLP

Fifth Circuit Court of Appeals strikes down FTC CARS Rule

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The Fifth Circuit Court of Appeals has struck down the FTC’s controversial CARS Rule, saying that the commission violated its own procedural rules by failing to issue an Advance Notice of Proposed Rulemaking (“ANPRM”) before...more

Venable LLP

The Fifth Circuit Slams the Brakes and Vacates FTC CARS Rule

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This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission’s (FTC) Combatting Auto Retail Scams (CARS) rule....more

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

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Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

Blank Rome LLP

New Year, New FTC Chair, and Renewed Focus on Non-Compete Agreements

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It is nearly impossible to think about the Federal Trade Commission (“FTC”) without thinking about the chaos caused by the non-compete ban it approved last year over vociferous dissent only to have the ban vacated and set...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

Faegre Drinker Biddle & Reath LLP

FTC Files Opening Brief in Fifth Circuit Appeal Defending Noncompete Rule

Background - In August 2024, the U.S. District Court for the Northern District of Texas issued a summary judgment order holding that the Federal Trade Commission (FTC) rule banning post-employment noncompetes (Noncompete...more

Stevens & Lee

FTC Files Opening Brief in Noncompete Rule Appeal

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On Jan. 2, 2025, the Federal Trade Commission (FTC or Commission) filed its opening brief with the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission, the case in which the plaintiffs are...more

Morrison & Foerster LLP

Tapestry/Capri Handbag Merger Temporarily Halted by S.D.N.Y.

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On October 24, 2024, Judge Rochon of the U.S. District Court for the Southern District of New York granted the Federal Trade Commission’s (FTC) motion for a preliminary injunction to prevent Tapestry, Inc. (“Tapestry”) from...more

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