Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v. FTC case setting aside the FTC Rule banning non-competes, and held (quoting Fifth Circuit precedent) that
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BREAKING: Federal Judge Rules FTC’s Non-Compete Ban to be Set Aside Nationwide
This just in: Judge Ada Brown ruled today on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary judgment while denying the FTC’s motion, determining that the FTC’s rule banning non-competes is an unlawful…
Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible
As we recently reported, in its Final Rule banning most worker non-competes, the Federal Trade Commission (“FTC”) previously warned of its intent to vigorously enforce its non-compete ban wherever possible, which may include self-styled nonprofit and not-for-profit entities. This warning threw most hospital systems in America, which are non-profit, into the chaos of unsettled…
More Bad News for the FTC: Federal Court in Florida Enjoins Enforcement of Non-Compete Ban
Yesterday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the plaintiff Properties of the Villages, Inc.’s (“POV”) motion to stay the effective date of the rule…
Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban
Yesterday, the Court in the ATS Tree Services v. FTC case denied Plaintiff ATS Tree’s Motion to Stay and Enjoin the FTC’s recent ban on non-compete agreements (the “Final Rule”), because, the Court held, ATS Tree failed to establish irreparable harm and a likelihood of success on the merits. This puts this court’s ruling in…
Jesse Coleman and Chris DeMeo Headline Discussion with Industry Experts on FTC Non-Compete Ban
On Tuesday, July 18, Chris DeMeo, serving as moderator, led a distinguished virtual panel featuring Jesse Coleman, alongside Tanzeela Ahmad (Senior Employment Counsel, Stryker), Robin Rogers (General Counsel & Chief Privacy Officer, CoventBridge), and Victor Wright (Vice President, Global Labor & Employment Law, Baker Hughes). They presented insights during a webinar hosted by the ACC…
UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case
In a rapid-fire response, the Ryan Court in the Northern District of Texas this morning denied Plaintiff and Plaintiff-Intervenors’ Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, and Plaintiff and Plaintiff-Intervenors’ Motion for Expedited Consideration of their Motion for Limited Reconsideration of the Scope of Preliminary Relief (for more on these motions,…
U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban
Having achieved a milestone in obtaining a limited preliminary injunction halting the application of the FTC ban on non-competes effective September 4, 2024 as to the named plaintiffs and plaintiff-intervenors in its Texas lawsuit, the U.S. Chamber of Commerce et al. and Ryan, LLC moved today, July 10, to expand the injunction to apply more…
Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes
Commentary:
The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the ruling itself is not likely one that anyone expected.
On the one hand, the Court enjoined the…
Upcoming Webinar! Unveiling Trade Secrets Breaches: Leveraging Forensic Examinations for Robust IP Protection
About the Program
In today’s fast-paced business environment, intellectual property (IP) reigns supreme. Among the various forms of IP, trade secrets hold a distinct advantage, offering a competitive edge that’s both elusive and invaluable. Yet, in an era marked by technological advancements and increased connectivity, safeguarding these trade secrets poses a significant challenge.
As innovators…