By Eron Reid and Jesse M. Coleman
On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No. 2:24-CV-01743-KBH (E.D. Pa. July 23, 2024). The dismissal ends the case before a decision on the merits, preventing
Continue Reading Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule
By Dawn Mertineit, Marcus Mintz, Jesse M. Coleman, Michael Wexler, Katherine Perrelli, and Robyn Marsh
Seyfarth Synopsis: Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting
Continue Reading The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
By Eron Reid, Jesse M. Coleman, and Katherine Perrelli
The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should not pursue a particular job opportunity, or (3) telling the worker that the worker
Continue Reading The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance
By Jesse M. Coleman and Yumna Khan
Are nonprofit health care entities exempt from the Federal Trade Commission’s (FTC) Final Rule banning non-competes in worker agreements? The answer is not cut and dry. While the FTC’s authority generally stops at the doors of nonprofit entities, the FTC has warned in its Final Rule that it intends to vigorously enforce the
Continue Reading FTC Signals Its Intent To Pursue Nonprofit Health Care Entities With Its Non-Compete Ban Whenever Possible
By Yumna Khan, Jesse M. Coleman, and Brandon L. Bigelow
Seyfarth Synopsis: On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other similar technologies—effectively expanding the information Covered Entities must provide to consumers when
Continue Reading Keeping with the Times – FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update
By Cathryn M. Johns and Brandon L. Bigelow
Seyfarth’s Future of Automotive Series
Seyfarth Synopsis: On January 18, 2024, the Federal Trade Commission (FTC) announced it was staying the effective date of its Combating Auto Retail Scams Trade Regulation Rule (the “CARS Rule”) pending resolution of an administrative challenge filed with the U.S. Court of Appeals for the Fifth
Continue Reading FTC Pumps Brakes on CARS Rule, At Least For Now
Brandon L. Bigelow and Sam Rowley
Seyfarth Synopsis: On January 22, 2024, the Federal Trade Commission (FTC) announced that the 2024 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $111.4 million to $119.5 million. Deals that exceed this $119.5 million threshold may need to be reported to the FTC and U.S. Department of
Continue Reading FTC Announces Hart-Scott-Rodino Act Thresholds and Filing Fees for 2024
By Bernard Olshansky, Daniel Small, Robert Whitman, James Yu, and Nicholas De Baun
Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023.
As we reported most recently here, New York was set to join a
Continue Reading New York Non-Compete Ban is Off the Table—For Now
Seyfarth Synopsis: Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with Senator Chuck Schumer to guide the statutory
Continue Reading Regulation of AI – the Path AheadBy Ashley K. Laken and Timothy F. Haley
Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements.
On October 20, 2016, the DOJ and FTC jointly issued their “Antitrust Guidance for Human Resource Professionals.”
Continue Reading HR Professionals Take Note: DOJ and FTC Issue Guidance Regarding Antitrust Laws in the Employment Context