The district court in the Northern District of Texas recently set the briefing schedule on Plaintiff Ryan’s Motion to Stay the FTC Non-Compete Ban and Preliminary Injunction: The Court ORDERS Defendant FTC to file any opposition to Plaintiff Ryan’s Motion for Stay of Effective Date and Preliminary Injunction, by May 22, 2024. The Court further ORDERS Plaintiff Ryan to file any reply in support of its Motion by June 5, 2024. The Court will issue a decision on the merits of Plaintiff Ryan’s Motion by July 3, 2024. If the Court determines a hearing on the merits of Plaintiff Ryan’s Motion ..read more

We invite you to watch our webinar, “Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests.” Our multi-disciplinary team, comprised of Michael Wexler, Robert Milligan, Kate Perrelli, Suzie Saxman, Marc Fosse, and Cary Burke, dissected the ramifications of the new FTC rule banning most non-competes with workers and provided invaluable insights into how it impacts a variety of aspects of many businesses.  Here are the key takeaways from the webinar: Labor: The FTC rule is just the latest salvo in President Biden’s “whole ..read more

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule. As anticipated, the Noncompete Rule was immediately met by legal challenges from business interests who assert that the FTC has brazenly overstepped its authority. Within ho ..read more

At least three lawsuits have now been filed against the FTC to block implementation of its new rule to ban non-competes. The first suit was filed in Texas federal court (Northern District) the day that the rule was announced by a global tax preparation service. Next, the US Chamber of Commerce and related business associations filed suit in federal court (Eastern District) in Texas the following day seeking a preliminary injunction and a stay of the effective date of the rule. The Chamber identified the following key arguments against the rule: The FTC lacks authority to issue a rule in this ..read more

Cost There is no cost to attend, but registration is required. REGISTER HERE About the Program In a landmark decision, the Federal Trade Commission (FTC) has given the green light to a final rule that prohibits most non-compete agreements between employers and workers. This development carries profound implications for businesses and employees alike, reverberating throughout competitive conditions in labor markets, mergers and acquisitions, employee benefits, and beyond. Join our multi-disciplinary team as they dissect the ramifications of this ruling and provide invaluable insights into its i ..read more

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being published in the Federal Register (Effective Date).[1] As of the date of this paper, the Final Rule has not been published in the Federal Register. Key Provisions Scope: The Final Rule prohibits an employer from entering into, or attempting to enter into, a non-compete clause with a “worker” (including, e.g., employees and independent contractors) or representing that a ..read more

On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to report potentially unfair and anticompetitive health care practices. The online reporting portal provides examples of unfair and anticompetitive health care practices under existing antitrust laws including: “consolidation, joint ventures, and ‘roll-ups’ ”; “[a]greements among competitors to limit or fix the terms of employment for employees”; “collusion or price fix ..read more

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers. The Commission also found that non-competes tend to negatively affect competitive conditions in product and service markets, inhibiti ..read more

Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting; it’s a crucial dialogue on non-compete agreements, with an anticipated announcement of a final rule that could potentially ban most non-competes with workers. This is a significant topic that has ignited considerable debate, and the outcome could have substantial implications for businesses and workers. Whether you’re a legal professional, a business leader, or simply someo ..read more

We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets. Here are the key takeaways from the webinar: State legislatures and federal agencies continue to take aim at non-competes, so employers should consult with knowledgeable counsel and draft agreements that are not br ..read more