Joseph M. Rancour

Sep 26, 2024 | jdsupra.com | Joseph M. Rancour |Tara L. Reinhart |Connor A. Riser

Key Points The Northern District of Texas decision prevented the FTC’s final rule banning noncompetes from taking effect on September 4, 2024, as planned. Employers should expect the decision to be appealed to the Fifth Circuit and should be aware of similar challenges in other circuits. For now, noncompetes may be treated the same as they were before the final rule was issued.

Sep 25, 2024 | lexology.com | Joseph M. Rancour |Tara L. Reinhart |David Schwartz |Connor A. Riser

Key PointsThe Northern District of Texas decision prevented the FTC’s final rule banning noncompetes from taking effect on September 4, 2024, as planned. Employers should expect the decision to be appealed to the Fifth Circuit and should be aware of similar challenges in other circuits. For now, noncompetes may be treated the same as they were before the final rule was issued. However, employers should remain mindful of state laws and the potential for FTC case-by-case enforcement actions.

Sep 5, 2024 | corpgov.law.harvard.edu | David Schwartz |Parker Rider-Longmaid |Joseph M. Rancour

APA, FTC, Ryan LLC v. Federal Trade Commission, Supreme CourtMore from: David Schwartz, Parker Rider-Longmaid, SkaddenDavid E. Schwartz, Parker Rider-Longmaid, and Joseph M. Rancour are Partners at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on a Skadden memorandum by Mr. Schwartz, Mr. Rider-Longmaid, Mr. Rancour, Tara L. Reinhart and Connor A. Riser. On August 20, 2024, in Ryan LLC v.

Aug 26, 2024 | jdsupra.com | Joseph M. Rancour |Tara L. Reinhart |Parker Rider-Longmaid

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That rule, which was scheduled to take effect on September 4, 2024, would have broadly banned virtually all noncompete clauses between employers and workers in the United States.

Jun 27, 2024 | jdsupra.com | Annie Jeffers |Joseph M. Rancour |Tara L. Reinhart

Key Points The FTC’s ban on worker noncompetes is broad, but it allows a few key exceptions, including current noncompetes with “senior executives” and those relating to sales of businesses. And certain entities, including true nonprofits, banks and common carriers are exempt from the rule. The rule is set to go into effect on September 4, 2024, but multiple legal challenges have been filed, and decisions are expected in July 2024 that may delay or prevent implementation.