Law and the Workplace

Tag Archives: Federal Trade Commission

Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses

By Steven Hurd, Daryl Leon and Scott Tan on Posted in Biden Administration Coverage, Non-Competes and Protection of Corporate Assets
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers.  The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on promoting competition in the economy, … Continue Reading

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

By Scott Tan, Daryl Leon, Joseph O’Keefe and Steven J. Pearlman on Posted in Biden Administration Coverage, Non-Competes and Protection of Corporate Assets
On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit … Continue Reading

FTC and DOJ Hold Workshop On Non-Compete Agreements

By Guy Brenner, Daryl Leon and E. Sydney Cone on Posted in Biden Administration Coverage, Non-Competes and Protection of Corporate Assets
As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Since the … Continue Reading

President Biden Signs Executive Order Targeting Noncompetition Agreements

By John Barry, Daryl Leon and Abigail Rosenblum on Posted in Biden Administration Coverage, Non-Competes and Protection of Corporate Assets
Overview On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (the “Order”), which, among other things, “encourage[s]” the “Chair of the [Federal Trade Commission (the “FTC”)] . . . to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority . . … Continue Reading

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

By Colin Kass, Lloyd B. Chinn, Laura Fant and Myra Din on Posted in Hiring/Background Checks, Non-Competes and Protection of Corporate Assets
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration.  The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between … Continue Reading
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