News & Analysis as of July 30, 2025

Employment Contract

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Sheppard Mullin Richter & Hampton LLP on 2/12/2025

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

The DOJ and FTC Release New Guidance for Business Activities Affecting Workers

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2025

On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

Mogin Law LLP on 1/24/2025

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

DOJ and FTC Issue Antitrust Employment Law Guidelines on Eve of New Administration

Morgan Lewis on 1/23/2025

In the final days of the Biden administration and on the eve of significant agency turnover, the US Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued a new set of guidelines addressing...more

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

A&O Shearman on 8/2/2024

On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Increasing antitrust spotlight on labour market issues in the UK

White & Case LLP on 1/31/2024

The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more

Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare

Holland & Knight LLP on 6/29/2023

In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more

NLRB’s GC Piles on to Increase Regulatory Scrutiny of Non-Compete Agreements

Spilman Thomas & Battle, PLLC on 6/23/2023

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC...more

Against the Evidence: How the FTC Cast Aside the Input of Experts at Its Own Non-Compete Workshop

Jackson Lewis P.C. on 2/8/2023

The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more

FTC and DOJ Hold Workshop On Non-Compete Agreements

Proskauer - Law and the Workplace on 12/15/2021

As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more

Restrictive Covenant and Trade Secret Year-End Review

Benesch on 12/3/2021

2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on 9/2/2021

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

DOJ Reaches Settlement with Learfield IMG College over Alleged Unlawful Agreements Not to Compete

Mintz - Sports Entertainment Viewpoints on 2/25/2019

Last week, the Antitrust Division of the Department of Justice (“DOJ”) announced a proposed settlement in its lawsuit against leading college sports multimedia rights provider Learfield IMG College. See U.S. v. Learfield...more

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