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As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more
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
Join attorneys from Ulmer’s Employment and Labor and Intellectiual Property Pracrices as they host a complimentary webinar on the impact of the Federal Trade Commission's (FTC) January 2023 Notice of Proposed Rulemaking...more
Q: What is the FTC, and why is my non-compete agreement any of its business? A: The FTC is short for the Federal Trade Commission, the agency responsible for regulating, among other things, unfair methods of competition...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more
In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more
Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate almost all employers in the nation. If this proposal becomes final it could also prohibit...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban non-compete clauses in employment agreements, which it asserts hurts workers and harms competition. The proposed rule would prevent employers from...more
Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more
The proposed rule would only permit non-competes as part of the sale of a business –and then only when the restricted individual owns at least 25% of the entity being sold. The proposed rule permits non-solicitation...more
In the summer of 2021, President Biden signed an executive order that, among other things, asked the Federal Trade Commission (FTC) to consider curtailing the use of employment noncompetes. This week, the FTC answered the...more
Today, the Federal Trade Commission issued a game-changing proposed rule that could change the employment terms of approximately 30 million American workers. The proposed rule would: (1) ban all non-compete agreements for...more