FTC Archives - Fair Competition Law

FTC Noncompete Enforcement Action Becomes Final Order

Mar 8, 2023Mar 8, 2023

While we’ve all turned our attention to the FTC’s proposed rule to ban noncompetes, the clock has been running on the public comment periods for the proposed consent orders in the three noncompete enforcement actions announced by the FTC at the beginning of the year. Today, the FTC has publicly released the final order in one of them. The others should be coming soon. And, as we said before, this is likely just the beginning. Make sure that you are not engaging in behavior that is likely to elicit another.

Quick update: the FTC extended the March 20 deadline to April 19

Mar 6, 2023

The FTC extended the March 20 deadline for comments to it’s Notice of Proposed Rulemaking on noncompetes (the proposed rule to ban noncompete) to April 19.

Senators ask U.S. Chamber of Commerce for information about objection to the FTC’s proposed noncompete ban

Mar 2, 2023Mar 2, 2023

U.S. Senators Warren and Whitehouse ask the U.S. Chamber of Commerce for information concerning the Chamber’s objection to the FTC’s authority for a proposed ban on noncompetes.

Quick update: Congress demands information from FTC re proposed noncompete ban

Feb 19, 2023

Members of the House Committee on the Judiciary, sent a letter to the FTC challenging the FTC’s authority to promulgate the proposed rule, and demanding that the FTC provide documents and information related to it. Read the details here.

Quick update: recording of the FTC’s public forum on proposed noncompete ban is available

Feb 18, 2023Feb 18, 2023

The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.

FTC’s public forum was balanced, but continues to focus on abuses

Feb 16, 2023Feb 17, 2023

The FTC’s public forum on its proposed rule banning noncompetes was today, and it was a doozy! Here is a summary.

FTC public forum today: what you need to know

Feb 16, 2023

Reminder: the FTC’s “public forum” on its proposed noncompete ban is today from noon to 3:00 PM ET. All the details you need are here.

The FTC’s “public forum” on its proposed noncompete ban is Thursday – but there are developments

Feb 14, 2023Feb 14, 2023

Reminder: On February 16, 2023 (from noon to 3:00 PM ET), the FTC will be holding a “public forum” on its proposed noncompete ban. Don’t miss it. And, if you are interested in speaking at it, you will need to reserve a spot.

Noncompetes make the State of the Union

Feb 8, 2023Feb 17, 2023

The FTC’s noncompete ban is mentioned in President Biden’s State of the Union. Not surprisingly, we’ve fact-checked it.

FTC to hold a “public forum” on its proposed noncompete ban

Feb 7, 2023Feb 7, 2023

On February 16, 2023 (from noon to 3:00 PM ET), the FTC will be holding a “public forum” on its proposed noncompete ban. If you are interested in speaking at it, you will need to reserve a spot.

Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)

Feb 4, 2023Feb 4, 2023

Episode 21 of Fairly Competing is out! Join us in a discussion with Professor Evan Start about the research behind the FTC’s proposed noncompete ban.

Comment Period to FTC Proposed Rule Likely To Be Extended to May 19

Jan 31, 2023Feb 3, 2023

The deadline to comment on FTC’s proposed rule to ban noncompetes may be extended to May 19. Make sure your voice is heard, whether joining us in our letter or separately.

FTC Rule Will Be Officially Published Tomorrow – Comments Now Due March 20

Jan 18, 2023Jan 18, 2023

The FTC’s proposed rule to ban noncompetes will publish in the federal register tomorrow. If you care, you have until March 20 (assuming no extensions) to make sure your voice is heard. You are welcome to join us in our letter.

Six things companies need to do now in response to the FTC’s proposed rule

Jan 17, 2023Mar 8, 2023

Forty-seven state legislatures as well as Washington, D.C. – with the approval of Congress – have spent years honing their noncompete laws to fit their local communities and industries. In one fell swoop, three Commissioners at the FTC are proposing to undo all of it. With it, they will also eliminate the use of a broad swath of nondisclosure, nonsolicitation, no-service, no-recruit, and no-hire agreements. Companies have six things they need to do now.

US Rep Spartz Questions FTC’s Authority and Reason for Proposed Noncompete Ban

Jan 14, 2023Feb 12, 2023

US Rep Spartz sent a brief letter to the FTC raising concerns about the proposed rule to ban noncompetes.

Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)

Jan 12, 2023Jan 12, 2023

Episode 20 of Fairly Competing is out! Join us to hear about the FTC’s recent proposed noncompete ban and enforcement actions and what to do about them.

FTC Proposes a Rule to Ban Nomcompetes and More

Jan 5, 2023

Today, the FTC took the unprecedented step of proposing a rule that would essentially ban all employee noncompetes — and other agreements if they can be interpreted as a “de facto” noncompete.

FTC Brings Unprecedented Enforcement Actions

Jan 5, 2023Jan 5, 2023

Well, we now know what the FTC will do about companies using noncompetes: They are bringing enforcement actions against them. And, this is likely just the beginning.

2022 Year In Review (Fairly Competing, Episode 19)

Dec 29, 2022Dec 27, 2022

Episode 19 of Fairly Competing is out! Join us for the key developments in trade secret and restrictive covenant law from the past year.

FTC and DOJ ask 7th Circuit to reverse lower court’s dismissal of no-poach/no-hire cases

Nov 11, 2022Nov 11, 2022

The FTC and DOJ contend that no-poach/no-hire covenants in (old) McDonald’s franchise agreements constitute an antitrust violation.

California was an early adopter of employee restrictions — just not noncompetes

Aug 17, 2022Mar 9, 2023

While most people reading this blog will know that California has a statute that bans noncompetes, it may come as a surprise that employers have dealt with that prohibition by turning to trade secret law for protection as far back as 1913 — even for low-level employees.

Eight States with 39 Pending Noncompete Bills: Colorado is changing its noncompete law — again

Jul 6, 2022Oct 23, 2022

Newly updated criminal penalties for a violation of noncompete law are not enough for Colorado — or maybe they’re too much. Colorado has made sweeping changes to its noncompete law, while scaling back (or at least cleared up ambiguity around) potential criminal liability for using unenforceable noncompetes.

We’re not the only ones: 26 other submissions to the FTC/DOJ about noncompetes and other agreements

Dec 27, 2021Jul 10, 2022

As noted in our post, Ask 70 Trade Secret Lawyers and Paralegals about Noncompetes and Get One Opinion, the FTC and DOJ encouraged the submission of public comments following the “Making Competiti...

Ask 70 Trade Secret Lawyers and Paralegals about Noncompetes and Get One Opinion

Dec 22, 2021Jul 10, 2022

Once again, we have resounding unanimity on the issues and recommendations to the FTC and DOJ, as they consider whether to regulate (and if so, how) noncompetes, nondisclosure agreements, and other restrictive covenants. 70 lawyers who practice extensively in the area of trade secret and restrictive covenant law agree: federal regulation is likely inappropriate, definitely premature, and, in any event, should be limited.

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