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5 days ago | 
openlegalblogarchive.org | Daryl Leon
Counsel Daryl Leon will serve as a commentator during the NYU Annual Conference on Labor and Employment Law’s luncheon discussion on restrictive covenants, June 10, 2025, in New York. Among other topics, the discussion will focus on the likely end of FTC rulemaking, state and local law developments, viability of forfeiture for competition clauses under the “Employee Choice” Doctrine in the wake of the Delaware high court ruling in LKQ Corp. v.
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2 weeks ago | 
jdsupra.com | Daryl Leon
Key Takeaways The Federal Trade Commission’s (FTC or Commission) noncompete rule appears to be dying a slow death, with recent reports suggesting that FTC Chair Andrew Ferguson is reconsidering the agency’s defense of the rule. States across the country are stepping in to fill the void left by the FTC’s enjoined rule, with most, but notably not all, new legislative efforts focused on adding employee-friendly limits on the use of noncompetes.
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2 weeks ago | 
openlegalblogarchive.org | Daryl Leon
The Federal Trade Commission’s (FTC or Commission) noncompete rule appears to be dying a slow death, with recent reports suggesting that FTC Chair Andrew Ferguson is reconsidering the agency’s defense of the rule. States across the country are stepping in to fill the void left by the FTC’s enjoined rule, with most, but notably not all, new legislative efforts focused on adding employee-friendly limits on the use of noncompetes.
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Feb 28, 2025 | 
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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Feb 27, 2025 | 
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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Jan 29, 2025 | 
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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Jan 28, 2025 | 
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.
