• Posts by Karin M. McGinnis
    Member

    Well versed in employment, privacy, and general commercial litigation, Karin helps clients navigate a range of complex issues. In addition to employment and privacy matters, Karin has successfully litigated a wide range of ...

Bottom line:  As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. 

As an update to our prior alert regarding the Federal Trade Commission’s attempt to ban non-competes (Employers in Limbo After Ruling on FTC’s Non-Compete Ban), on August 20, 2024, Judge Ada Brown of the U.S. District Court for the North District of Texas entered a final ruling on the merits setting aside the FTC’s non-compete rule. As predicted, Judge Brown followed the analysis in her prior ruling and held that (1) the FTC ...

Recent headlines implying a general a stay of the Federal Trade Commission’s non-compete rule are misleading.  Here’s what employers need to know. 

The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register.

Many have called into question whether the agency has the authority to unilaterally ban non-compete agreements – including two dissenting commissioners from today’s vote. We anticipate that the U.S. Chamber of Commerce or a similar entity will seek a temporary restraining order and emergency injunction in the next few days. After that, a wave of lawsuits challenging the rule is ...

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