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Human Resources Professionals › Restrictive Covenants › Unfair Competition

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

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The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

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In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Cranfill Sumner LLP

FTC Appeals Order Striking Down Noncompete Ban

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On October 18, 2024, the Federal Trade Commission (FTC) appealed to the Fifth Circuit a Texas federal court’s decision to strike down the FTC’s nationwide noncompete ban. This comes hot on the heels of the FTC’s September 24,...more

Cranfill Sumner LLP

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

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On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more

Poyner Spruill LLP

FTC Non-Compete Ban: What Employers Need to Know

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Effective Date: 120 days after the final rule is published in the Federal Register, likely in late August or early September 2024....more

Miller & Martin PLLC

How Should Employers Respond to the Federal Trade Commission’s Ban on Non-Competition Agreements?

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On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: FTC Proposes Nationwide Ban on Non-Compete Agreements

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In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more

Miller & Martin PLLC

FTC Proposes New Rule Prohibiting Employers from Implementing Post-Employment Non-Compete Agreements

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In January, by a 3-1 vote, the U.S. Federal Trade Commission (the “FTC”) proposed a new rule that would essentially prohibit employers nationwide from implementing post-employment non-competition agreements, on the basis that...more

Katten Muchin Rosenman LLP

FTC Proposes Rule Banning Non-Competes With Workers

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On January 5, the Federal Trade Commission (FTC) promulgated a proposed rule that would effectively ban all non-competes with employees and other workers (Proposed Rule). If adopted in its current form, the Proposed Rule...more

Cranfill Sumner LLP

The Federal Trade Commission Announces Proposed Rule Eliminating Most Non-Compete Provisions in Employment Agreements

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On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements.  The move by the FTC comes one day after the agency announced enforcement...more

A&O Shearman

The FTC Sets its Sights on Noncompete Agreements, Launches First Major Standalone Section 5 Claims

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Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very...more

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