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
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 expectations surrounding the current litigation
Continue Reading Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible
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 direct conflict with the July
Continue Reading Federal Court in Pennsylvania Creates District Split on Enforceability of 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 on the timely topic of
Continue Reading Jesse Coleman and Chris DeMeo Headline Discussion with Industry Experts on FTC Non-Compete Ban
An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet another attack on non-competes in line with the NLRB General Counsel’s May 30, 2023 memo (“Abruzzo Memo”) (see our prior article here), and apparent coordination
Continue Reading NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?
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
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 FTC Rule, holding that “the
Continue Reading Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes
We invite you to watch our webinar, “Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age.” In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Watch our fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys spoke about practical
Continue Reading Webinar Recap! Unveiling Trade Secrets Breaches: Leveraging Forensic Examinations for Robust IP Protection
The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should not pursue a particular job opportunity, or (3) telling the worker that the worker is subject to a non-compete.[1] The FTC asserts that these
Continue Reading The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance