Michael Rella

Aug 22, 2024 | jdsupra.com | Jeremy Ben Merkelson |Michael Rella |Roy Salins

Federal judge in Texas invalidates the rule on a nationwide basis, concluding it exceeded the FTC's authority, just weeks before it was to take effectIn one of the most highly anticipated court rulings of the summer, on August 20, 2024, the U.S. District Court for the Northern District of Texas concluded that the FTC's Non-Compete Rule,[1] which makes most non-compete agreements unenforceable, (i) is in excess of the FTC's statutory authority; and (ii) is arbitrary and capricious.

Jul 30, 2024 | jdsupra.com | Amanda Gomez |Jeremy Ben Merkelson |Michael Rella

Federal judge in Pennsylvania denies motion to enjoin FTC's ban on the use of non-compete clauses in most employment contracts On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision greenlighting the Federal Trade Commission's (FTC) final rule banning most non-compete agreements in the United States and giving employers a bit of whiplash when it comes to determining whether or not that rule will actually come into effect on September 4, 2024, the...

Jul 5, 2024 | jdsupra.com | Jeremy Ben Merkelson |Michael Rella |Roy Salins

The FTC's rule invalidating most non-competition clauses in the United States would have gone into effect on September 4, 2024; now the FTC's rule is on indefinite hold as this court decision winds its way through the appeals process likely into 2025Much ink has been spilled since the U.S. Federal Trade Commission ("FTC") issued its final rule banning most "non-competition" agreements between U.S. employers and workers.

May 9, 2024 | jdsupra.com | Jeremy Ben Merkelson |Michael Rella |Roy Salins

The final rule, which already faces significant court challenges, takes a big swing to invalidate most non-competition clauses in the United States; employers have until September 4, 2024, to comply, barring any court action stopping the ruleUpdate: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final rule.

Apr 24, 2024 | jdsupra.com | Jeremy Ben Merkelson |Roy Salins |Michael Rella

FTC rule invites immediate court challenge with big swing to invalidate most non-competition clauses in the United StatesOccam's Razor holds that sometimes the simplest explanation is the right one.