News & Analysis as of

Restrictive Covenants Compliance Federal Trade Commission (FTC)

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

Amundsen Davis LLC on

A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

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Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Foley & Lardner LLP

Navigating Non-Compete Agreements: Key Considerations for In-House Counsel in Franchise Businesses

Foley & Lardner LLP on

In May of last year, the Federal Trade Commission (FTC) sought to ban non-compete agreements in most employment contracts. Franchise agreements were an exception. However, before the rule could take effect in September, a...more

Polsinelli

NASAA Supports Reasonable Post-Term Non-Competes in Franchise Agreements

Polsinelli on

Last year saw non-compete agreements come under repeated scrutiny from the Federal Trade Commission. On April 23, 2024, the FTC issued a final rule banning non-compete agreements in most employment contracts....more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

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

Mintz

Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more

Foley & Lardner LLP

Noncompete Agreements: Updated Income Thresholds for 2025

Foley & Lardner LLP on

As our readers know, in 2024 the Federal Trade Commission’s (FTC) proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now. As we reported earlier this month, however, the...more

Benesch

Trade Secrets/Non-Compete 2024 Year in Review

Benesch on

Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more

Burr & Forman

FTC Non-Compete Ban: Implications for the Health Care Industry

Burr & Forman on

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more

Fenwick & West LLP

Courts Wrestle over FTC's Noncompete Ban

Fenwick & West LLP on

The Federal Trade Commission's controversial ban on noncompete agreements is getting competing receptions in federal court. A Pennsylvania federal district court recently ruled that the FTC acted within its authority in...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Wyrick Robbins Yates & Ponton LLP

The FTC Rule on Employee Non-Competes Goes into Effect September 4: What Employers Need to Do Now

You may have heard or seen in the news that on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a Final Rule making most covenants not to compete between employers and their workers illegal and void (the...more

Fenwick & West LLP

Preparing for Compliance Crunch as FTC's Noncompete Ban Nears

Fenwick & West LLP on

As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more

Baker Donelson

Employers Should Consider Alternative Protections to Address Lack of Clarity Around Non-Compete Rule

Baker Donelson on

The Federal Trade Commission's (FTC) impending Non-Compete Rule invalidating almost all non-compete agreements nationwide received new life after a recent federal decision in Pennsylvania district court. Employers and...more

NAVEX

What the FTC’s Non-Compete Ban Means for SMBs

NAVEX on

A final rule issued by the Federal Trade Commission (FTC) bans employers from entering into new non-compete agreements with all workers. If the FTC can overcome the legal hurdles it faces, the rule could have damaging...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Mandelbaum Barrett PC

Noncompetes, Once a Fixture in Healthcare Contracts, Are No More

Mandelbaum Barrett PC on

The Federal Trade Commission (the “FTC”) issued a final rule (the “Rule”) that prohibits existing and future noncompetition provisions for all workers, except that pre-Effective Date (defined below) noncompetition provisions...more

Genova Burns LLC

FTC’s Final Rule on Non-Competes May Not be the Final Word

Genova Burns LLC on

In a controversial move, on April 24, 2024 the Federal Trade Commission (“FTC”) announced that beginning September 4, 2024, it will enforce its Final Rule banning most non-compete agreements that seek to limit a worker’s...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Winstead PC

The FTC’s Noncompete Ban is Published…What Now?

Winstead PC on

On April 24, 2024, Winstead’s Labor & Employment team reported that—after much anticipation— the FTC issued its final rule banning noncompete agreements nationwide. In our initial post, we noted that the final rule had yet to...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Flaster Greenberg PC

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

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This article originally ran in Law360 on February 10, 2023. All rights reserved.  As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more

King & Spalding

FTC Proposes Nationwide Ban on Non-Competes

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On January 5, 2023, in a dramatic and far-reaching agency action, the Federal Trade Commission (FTC) published a notice of proposed rulemaking, effectively banning all non-compete agreements, nationwide. The FTC’s proposed...more

Proskauer - Employee Benefits & Executive...

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

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