Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her
Continue Reading The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
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 the ruling had “nationwide effect”
Continue Reading Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes
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 agency action and must
Continue Reading BREAKING: Federal Judge Rules FTC’s Non-Compete Ban to be Set Aside Nationwide
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 and preliminarily enjoin its enforcement.
Continue Reading More Bad News for the FTC: Federal Court in Florida Enjoins Enforcement of Non-Compete Ban
The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit.
Background
DraftKings, a Boston-based online sports and gaming platform, employed Hermalyn as a Senior Vice President. He resigned in February 2024, consummating negotiations with DraftKings’ direct competitor, Fanatics
Continue Reading DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements
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, see here). In a
Continue Reading UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case
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 broadly. Specifically, plaintiffs moved Chief
Continue Reading U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban
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 and custodians of proprietary information
Continue Reading Upcoming Webinar! Unveiling Trade Secrets Breaches: Leveraging Forensic Examinations for Robust IP Protection
We are thrilled to announce the release of the Chambers Trade Secrets 2024 Global Practice Guide, a comprehensive resource providing the latest insights and legal updates in the field of trade secrets law. Authored by leading experts in the industry, including Seyfarth Shaw LLP’s very own Robert Milligan and Dawn Mertineit, this guide is an invaluable tool for professionals navigating
Continue Reading Seyfarth’s Robert Milligan and Dawn Mertineit Lead Contributions to Chambers Trade Secrets 2024 Global Practice Guide
Dawn Mertineit, partner in Seyfarth’s Trade Secrets, Non-Competes & Data Privacy practice, authored an article titled, “The FTC’s non-compete ban: What to know and how to respond” on International Employment Lawyer.
Continue Reading Dawn Mertineit’s Article on FTC Non-Compete Ban Published by International Employment LawyerAnother notable limitation is contained in the final rule’s definition of a non-compete. Non-competes do not include clauses that only prohibit a worker from accepting work or operating a