FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

Written by Jeremy Mittman Earlier this month, a federal judge in Texas issued a preliminary order against the Federal Trade Commission’s ban on non-compete agreements. Judge Ada Brown ruled in favor of Ryan LLC, a tax-services firm operating out of Dallas which utilizes non-compete agreements with its employees. Ryan LLC argued that the Federal Trade Commission (“FTC”) was overstepping its legal authority by attempting to … Continue reading FTC’s Non-Compete Ban Faces Challenge in Texas Lawsuit As Enforcement is Put On Hold

FTC Issues Final Rule Banning Most Non-Compete Agreements

Written by Gregory J. Hessinger, Jonathan M. Turner, and Eric D. Engelman The Federal Trade Commission (“FTC”) issued its long anticipated final rule imposing a prohibition on virtually all non-compete agreements for all employees. The final rule follows the FTC’s proposed rule published in January 2023. The FTC’s rule banning most non-compete agreements will likely become effective in early September 2024 as the rule is … Continue reading FTC Issues Final Rule Banning Most Non-Compete Agreements

Will Non-Compete Clauses Be No-More?

Written by Christie Del Rey-Cone and Eric Engelman The Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking on January 5, 2023 that would prohibit employers from entering into, or enforcing, non-compete clauses with workers. The proposed rule would broadly cover all workers, regardless of whether the worker is an employee or independent contractor, or whether the worker is paid or unpaid. The FTC’s … Continue reading Will Non-Compete Clauses Be No-More?

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements