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Restrictive Covenants › Unfair Competition › Independent Contractors

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...

Morrison & Foerster LLP on

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

Morgan Lewis

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

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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

McGuireWoods LLP

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

McGuireWoods LLP on

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

Haynsworth Sinkler Boyd, P.A.

To Non-Compete Agreement or to Not? That is the Question

Haynsworth Sinkler Boyd, P.A. on

The Federal Trade Commission's Non-Compete Clause Rule proposed in January 2023 that we have previously written about becomes effective September 4, 2024, and invalidates most noncompetition agreements on or after the Rule's...more

Houston Harbaugh, P.C.

The Coming Rule & Battle over Non-Compete Agreements

Houston Harbaugh, P.C. on

The battle over non-compete agreements is gearing up. The Federal Trade Commission voted last week to adopt a Final Rule, as promised back in January 2023, that largely bans non-competes. Lawsuits are being filed to block it....more

McCarter & English, LLP

Yes, the FTC Did Just (Try to) Ban Non-Compete Agreements. For Now.

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On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning nearly all non-compete agreements effective 120 days from the rule’s formal publication. The move, or something like it, has been...more

Paul Hastings LLP

FTC Announces Expansive and Unprecedented Non-compete Ban

Paul Hastings LLP on

On April 23, 2024, the Federal Trade Commission (FTC) adopted a Non‑Compete Clause Rule (the “Rule”) prohibiting most employee non‑compete agreements as unfair methods of competition by a vote of 3 to 2. The Rule is a...more

Benesch

The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

Benesch on

The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more

Tucker Arensberg, P.C.

FTC Proposes a Rule to Prohibit Non-Compete Agreements

Tucker Arensberg, P.C. on

On January 5, 2023, the Federal Trade Commission (FTC) took a dramatic step by proposing a new rule that would prohibit companies from entering into non-compete agreements with its workers. The proposed rule, if approved,...more

Levenfeld Pearlstein, LLC

FTC Proposes New Rule to Ban Non-Competes

Levenfeld Pearlstein, LLC on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule restricting the use of non-compete agreements as an “unfair method of competition” in violation of Section 5 of the FTC Act. The proposed rule would...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

Jackson Lewis P.C. on

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

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