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1 month ago | 
jdsupra.com | Daryl Leon |Justin Murphy
Key Takeaways: The Federal Trade Commission (FTC) remains focused on “rooting out and prosecuting unfair labor-market practices that harm American workers.” The FTC will implement an internal Joint Labor Task Force (Task Force), comprised of representatives from the Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning to accomplish these goals.
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1 month ago | 
lexology.com | Daryl Leon |Justin Murphy
Key Takeaways: The Federal Trade Commission (FTC) remains focused on “rooting out and prosecuting unfair labor-market practices that harm American workers.” The FTC will implement an internal Joint Labor Task Force (Task Force), comprised of representatives from the Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning to accomplish these goals.
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2 months ago | 
jdsupra.com | Margaret Butler |Daryl Leon
In response to two certified questions from the 7th Circuit in LKQ Corp. v. Rutledge, the Delaware Supreme Court confirmed that its holding from Cantor Fitzgerald, L.P. v. Ainslie, which clearly endorsed the employee choice doctrine in the limited partnership context, is not limited to limited partners.
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2 months ago | 
mondaq.com | Justin Murphy |Tyson Y. Herrold |Daryl Leon
Only days before the presidential inauguration, the Departmentof Justice (DOJ) and Federal Trade Commission (FTC) releasedupdated Antitrust Guidelines for Business Activities AffectingWorkers (the 2025 Guidelines). The 2025 Guidelines replace the Agencies' 2016 AntitrustGuidance for Human Resource Professionals (2016 Guidelines), whichannounced, among other things, that the DOJ intended to pursuecriminal charges for certain no-poach agreements concerningemployees.
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Nov 10, 2024 | 
mondaq.com | Daryl Leon
President-elect Donald Trump did not make noncompetition
provisions a centerpiece of his campaign or message to voters, and
a second Trump presidency presents a mixed bag of inputs for
predicting the fate of noncompetition provisions during his time in
office.
Trump is no stranger to noncompetition provisions, having used
them with campaign staffers during his first presidential campaign
and personally before he entered politics.
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Nov 7, 2024 | 
jdsupra.com | Daryl Leon
Key Takeaways: President-elect Donald Trump did not make noncompetition provisions a centerpiece of his campaign or message to voters, and a second Trump presidency presents a mixed bag of inputs for predicting the fate of noncompetition provisions during his time in office. Trump is no stranger to noncompetition provisions, having used them with campaign staffers during his first presidential campaign and personally before he entered politics.
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Aug 22, 2024 | 
jdsupra.com | Joyce Cox |Daryl Leon |Justin Murphy
Key Takeaways A Texas district court judge has issued a summary judgment decision in Ryan, LLC v. Federal Trade Commission vacating the Federal Trade Commission’s (FTC) Noncompete Rule (Rule) nationwide. Unless and until an appeal is heard and decided, the Rule will not take effect on September 4. This decision follows the same court’s July 3 preliminary decision to block the Rule on employment-based noncompetes but, in that decision, only for the parties to the case.
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Aug 21, 2024 | 
lexology.com | John Siegal |Joyce Cox |Justin Murphy |Daryl Leon
Key TakeawaysA Texas district court judge has issued a summary judgment decision in Ryan, LLC v. Federal Trade Commission vacating the Federal Trade Commission’s (FTC) Noncompete Rule (Rule) nationwide. Unless and until an appeal is heard and decided, the Rule will not take effect on September 4. This decision follows the same court’s July 3 preliminary decision to block the Rule on employment-based noncompetes but, in that decision, only for the parties to the case.
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Jul 25, 2024 | 
jdsupra.com | Joyce Cox |Daryl Leon |Michael E. Neminski
Key Takeaways The Eastern District of Pennsylvania declined to block the FTC’s Noncompete Rule banning most employment-based noncompetes, finding the plaintiff had not shown it would be irreparably harmed if the Rule went into effect and that the FTC has the authority to issue the Rule. The decision diverges meaningfully from an earlier ruling by the Northern District of Texas, which found that the FTC lacked the authority to issue the Rule.
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Jul 5, 2024 | 
jdsupra.com | Joyce Cox |Daryl Leon |John Siegal
Key Takeaways The FTC’s Rule largely banning employment-based noncompetes has been blocked by a Texas District Court Judge in Ryan, LLC v. Federal Trade Commission. But the injunctive relief against enforcement only applies in that Texas case. The court declined to impose a nationwide injunction. This mixed result imposes great uncertainty for employers and employees.
