News & Analysis as of

Regulatory Authority FTC Act Administrative Procedure Act

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

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

Bracewell LLP on

The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

Perkins Coie

Texas District Court Upends FTC Noncompete Rule

Perkins Coie on

In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more

DLA Piper

Texas Federal Court Halts FTC Noncompete Rule for All Employers Nationwide

DLA Piper on

On August 20, 2024, a federal court in Texas granted summary judgment to the plaintiffs in Ryan LLC v. Federal Trade Commission, setting aside and rendering unenforceable the Federal Trade Commission's (FTC) rule banning...more

Saul Ewing LLP

Texas Court Invalidates FTC Ban on Non-Compete Agreements

Saul Ewing LLP on

By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule...more

Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

Epstein Becker & Green on

Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more

Epstein Becker & Green

Federal Court Denies Plaintiffs’ Motion for Reconsideration Seeking Expanded Scope of Injunction Staying the FTC’s Noncompete Rule

Epstein Becker & Green on

We previously reported that the U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Comm’n, Case No. 3:24-cv-00986-E, granted a preliminary injunction staying the Federal Trade Commission’s...more

Baker Donelson

All Eyes on Pennsylvania Federal Court After Texas Court Issues Limited Injunction Against FTC Non-Compete Ban

Baker Donelson on

A first-in-nation ruling in Texas federal court casts serious doubt on the enforceability of the broad-reaching new Federal Trade Commission (FTC) Noncompete Rule. For any company seeking to legitimately protect its...more

Arnall Golden Gregory LLP

Texas Two-Step: Court Makes First Move Toward Blocking FTC Non-Compete Ban

On July 3, 2024, in Ryan LLC et al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued a much-anticipated ruling on the final Noncompete Rule (the “Final Rule”) announced...more

Hogan Lovells

Supreme Court overturns Chevron: implications for antitrust & the Federal Trade Commission

Hogan Lovells on

On June 28, 2024, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year old precedent established in Chevron, U.S.A. v. Natural Resources Defense Council. Under the Chevron doctrine, courts were...more

Wiley Rein LLP

The Supreme Court Overruled Chevron. What Comes Next For Telecommunications, Media, and Technology?

Wiley Rein LLP on

On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more

Ballard Spahr LLP

District court poised to rule on cross-motions for summary judgment in UDAAP includes discrimination lawsuit

Ballard Spahr LLP on

The U.S. Chamber of Commerce, joined by six other trade groups, filed a lawsuit on September 28, 2022 in a Texas federal district court against the CFPB challenging the CFPB’s recent update to the Unfair, Deceptive, or...more

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