Wondering why the FTC has not yet dismissed its appeals of the rulings on the FTC’s noncompete ban in the 5th Circuit (Ryan) case or the 11th Circuit (Properties of the Villages) case? Me too.
The Small Business Majority seeks to intervene to pick up the ball on the FTC’s likely soon-to-be-abandoned appeal of the noncompete rule decisions. No surprise the FTC and other parties oppose.
Even though the federal court in Texas vacated the FTC’s noncompete rule in Ryan, LLC v. FTC, the continued pursuit of ATS Tree Services case by the plaintiff in the federal court in Pennsylvania may needlessly revive the nationwide confusion that existed before the decision.
The FTC’s noncompete ban has an exception for senior executives. Chair Khan suggests the exception is broader than stated in the rule. But she does not answer whether partners and LLC members are covered by the ban.