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  1. Services
  2. FTC Rule Purporting to Ban Employee Noncompete Agreements

Insights on FTC Rule Purporting to Ban Employee Noncompete Agreements

27 total results. Page 1 of 2.

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        TS Report 2024
        Alerts
        Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends
        February 14, 2025
        Linda M. Jackson, Matthew F. Prewitt, Lauren C. Schaefer, James D. Cromley, Allan E. Anderson, Taniel E. Anderson, Robert K. Carrol, Adam Diederich, Michael K. Molzberger, Nicholas J. Nesgos, Nadia Patel, Alexandra M. Romero, Alexander H. Spiegler, Michael L. Stevens, Howard J. Susser, Laura Zell, Andrew Baskin, Nicholas L. Collins, Nicole Curtis Martinez, Oscar A. Figueroa, J. Maxwell Heckendorn, John M. Hindley, Trevor M. Jorgensen, Roberto Martinez, Pascal Naples, Stella T. Oyalabu, Brittany Trinidad, Mariam C. Weber

        Download ArentFox Schiff’s Comprehensive Annual 2024 Trade Secrets End of Year Report.

        Alerts
        NLRB General Counsel Further Cautions on Employers’ Use of Noncompetes and ‘Stay-or-Pay’ Provisions
        October 9, 2024
        Lauren C. Schaefer, Michael L. Stevens, Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Alexandra M. Romero

        On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor Relations Act (NLRA).

        Trade Secrets, Noncompetes & Employee Mobility Practice Image
        Alerts
        US District Court Sets Aside the FTC’s Noncompete Ban on a Nationwide Basis
        August 21, 2024
        Michael K. Molzberger, Linda M. Jackson, Matthew F. Prewitt, Alexandra M. Romero, Lauren C. Schaefer

        On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule.

        Health Care Counsel Blog
        FTC Rule Addressing Noncompete Covenants: Impact of Senior Executive Exception on Health Care Entities
        July 8, 2024
        Douglas A. Grimm, Moyosore O. Koya

        The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.

        Trade Secrets, Noncompetes & Employee Mobility Practice Image
        Alerts
        US District Court Enjoins Federal Trade Commission’s Noncompete Rule For The Named Plaintiffs
        July 3, 2024
        Matthew F. Prewitt, Michael K. Molzberger, Linda M. Jackson, Lauren C. Schaefer, Alexandra M. Romero

        On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements.

        Alerts
        The Impact of the FTC’s Noncompete Rule on Current and Future Noncompete Litigation
        July 1, 2024
        Alexandra M. Romero, Matthew F. Prewitt, Linda M. Jackson, Michael K. Molzberger, Lauren C. Schaefer

        On April 23, the Federal Trade Commission (FTC) voted 3-2 to publish a final rule with sweeping effect, purporting to bar prospectively and invalidate retroactively most employee noncompete agreements.

        News
        Jackson Quoted on Trade Secret Risks in Mass Employee Departures
        June 7, 2024
        Linda M. Jackson

        Trade Secrets, Noncompetes & Employee Mobility Practice Co-Leader Linda M. Jackson was quoted on the trade secrets risks facing employers from large-scale employee movement and with the impending Federal Trade Commission rule banning most noncompetes.

        Health Care Counsel Blog
        FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry
        May 29, 2024
        Douglas A. Grimm, Moyosore O. Koya

        On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.

        Alerts
        The FTC’s Rule Banning Noncompetes: September 4 Effective Date and FTC-Sponsored Compliance Webinar
        May 3, 2024
        Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Alexandra M. Romero, Lauren C. Schaefer

        On April 30, the Federal Register announced that the Federal Trade Commission’s (FTC) Non-Compete Clause Rule is scheduled to be published on May 7. The Rule becomes effective 120 days after publication, resulting in an anticipated effective date of September 4, 2024.

        Alerts
        The 10 Trends and Legal Challenges We Are Tracking Throughout 2024
        April 30, 2024
        Jo-Ann Marchica, Mindy Pittell Hurwitz, Stephen Blake

        With 2024 well underway, this article highlights some of the pressing legal issues impacting the long term care and senior housing industry this year, including trends affecting the industry and emerging issues industry participants likely will face throughout the rest of 2024 and beyond.

        Alerts
        How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)
        April 29, 2024
        Lauren C. Schaefer, Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Alexandra M. Romero

        On April 23, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule purporting to ban most employee noncompetes.

        Trade Secrets, Noncompetes & Employee Mobility Practice Image
        Alerts
        The Federal Trade Commission Attempts to Ban Employee Noncompete Covenants
        April 23, 2024
        Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Alexandra M. Romero, Lauren C. Schaefer

        Today, the Federal Trade Commission adopted a final rule purporting to ban noncompete covenants for workers nationwide, which will become effective 120 days after publication in the Federal Register, unless first enjoined in long-anticipated litigation to challenge the FTC’s attempted rulemaking.

        Alerts
        Federal Trade Commission to Vote on Proposed Noncompete Ban on April 23
        April 18, 2024
        Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Alexandra M. Romero, Lauren C. Schaefer

        On April 16, the Federal Trade Commission (FTC) announced that it will hold a special Open Commission Meeting on Tuesday, April 23 at 2:00 p.m. ET, for purposes of voting on its proposed final rule banning noncompete agreements.

        Alerts
        The Proposed Nationwide Ban on Noncompetition Agreements by the Federal Trade Commission
        March 5, 2024
        Michael K. Molzberger

        On January 5, 2023, the Federal Trade Commission (FTC or Commission) issued a notice of proposed rulemaking that proposes to ban post-termination noncompetition covenants between employers and employees.

        Alerts
        Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies
        February 20, 2024
        Thomas S. Brennan, Amal U. Dave, Emily B. Lewis, Evgeny Magidenko, Adam Diederich, Dan Jasnow, Daniel J. McQueen, Thorne Maginnis, Linda M. Jackson, Matthew F. Prewitt, D. Reed Freeman Jr.

        2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows gained significant traction.

        Trade Secrets, Noncompetes & Employee Mobility Practice Image
        Alerts
        Navigating Trade Secrets and Noncompetes: Analysis of the Year’s Key Cases and Trends
        February 16, 2024
        Linda M. Jackson, Matthew F. Prewitt, Lauren C. Schaefer, Robert K. Carrol, Brian Farkas, Michael K. Molzberger, Nicholas J. Nesgos, Alexandra M. Romero, Alexander H. Spiegler, Ari Asher, Andrew Baskin, Mariam C. Weber, Nicholas L. Collins, James D. Cromley, Nicole Curtis Martinez, Oscar A. Figueroa, J. Maxwell Heckendorn, Sara J. (Hickey) Wiseman, Trevor M. Jorgensen, Roberto Martinez, Pascal Naples, Stella T. Oyalabu, Brittany Trinidad, Laura Zell

        Download ArentFox Schiff’s Comprehensive Annual 2023 Trade Secrets End of Year Report.

        Alerts
        Beverage & Food Industry in 2024: 10 Hot Topics for Beverage & Food Industry Founders, Investors, and Executives
        February 14, 2024
        Jay L. Halpern, Amal U. Dave, Emily B. Lewis, Adam Diederich, Daniel J. McQueen, Thorne Maginnis, Nicholas L. Collins, J. Michael Showalter, Dan Jasnow, Linda M. Jackson, Matthew F. Prewitt, Christine R.W. Quigley, D. Reed Freeman Jr.

        2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant companies that survived the pandemic posted record numbers.

        Alerts
        California Employers Face Feb. 14 Deadline and Tighter Noncompete Prohibitions
        January 25, 2024
        Jeffrey B. Weston

        California has long had the most restrictive laws against employee noncompete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even further.

        Alerts
        New York Gov. Kathy Hochul Vetoes Proposed Ban on Noncompetes
        January 17, 2024
        Brian Farkas, Michael K. Molzberger, Gurpartap (Gio) Singh, Matthew F. Prewitt

        New York’s potential ban of noncompetition agreements was curtailed by Governor Kathy Hochul. In June 2023, the state legislature passed a bill calling for a broad prohibition on noncompetes.

        News
        New York’s Proposed Ban on Noncompete Agreements Is Dramatically Overbroad
        December 7, 2023
        Linda M. Jackson, Brian Farkas

        New York state is poised to enact a radical change to its employment laws: the elimination of all noncompetition agreements. A sweeping bill passed by the state Legislature in June 2023 now awaits signature from Governor Kathy Hochul, who is considering the measure. Although well-intentioned, this legislation is deeply misguided. The governor would be wise to reject it.

        Alerts
        New York’s Potential Ban on Noncompete Agreements: What You Need to Know
        June 26, 2023
        James D. Cromley, Michael K. Molzberger, Matthew F. Prewitt, Brian Farkas

        New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee noncompete agreements.

        Alerts
        FTC’s Proposed Noncompete Ban Timeline Set Back After Thousands Submit Public Comments
        June 14, 2023
        Michael K. Molzberger, Matthew F. Prewitt

        Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee noncompete agreements and require rescission of existing noncompete agreements.

        Alerts
        NLRB General Counsel Asserts That Noncompetition Agreements For Non-Management and Non-Supervisory Employees Are Unlawful
        June 2, 2023
        Linda M. Jackson, Matthew F. Prewitt, Michael K. Molzberger, Andrew Baskin

        On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum.

        Alerts
        Minnesota to Ban Noncompetition Agreements
        May 22, 2023
        Michael K. Molzberger

        On May 16, 2023, the Minnesota legislature passed a bill banning noncompetition agreements. The bill is expected to be signed shortly by Governor Tim Walz. The ban is set to take effect on July 1, 2023, and is not retroactive.

        Alerts
        FTC Holds Public Forum on Proposed Rule Banning Use of Noncompete Agreements, Seeks Written Comments
        February 17, 2023
        Linda M. Jackson, Michael K. Molzberger, Brian D. Schneider, Suzanne L. Wahl, Alex J. Becker

        On February 16, 2023, the Federal Trade Commission (FTC) held a public forum on its proposed rule that would, with limited exceptions, ban employers from using employee noncompete agreements and require rescission of existing noncompete agreements.

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