By Jesse M. ColemanDaniel P. Hart, and Eron Reid

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on

Continue Reading Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

By Dawn Mertineit 

Seyfarth Synopsis: It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds.

The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in

Continue Reading Is Maine the Next Frontier in the Effort to Ban Non-Competes?

Seyfarth Synopsis: By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year, and 2024 promises to be one for the history books.

Notably, AI has taken the commentariat, if not actual

Continue Reading Now Available! 2024 Commercial Litigation Outlook

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 Robert B. Milligan

Seyfarth Synopsis: For employees looking to leave somewhere greener for somewhere warmer, California may now be climbing to the top of their list. On September 1, 2023, Governor Newsom signed legislation that extends California’s restrictions on non-compete agreements to contracts signed out of state, effective January 1, 2024. Specifically, SB 699 provides that any contract that is void

Continue Reading Heads Carolina, Tails California – Expanded Non-Compete Prohibitions Cross State Lines

By Patrick Muffo

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 Ahead

By Ashley K. Laken and Timothy F. Haley

Triancular_red_flagSeyfarth 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

By Pamela Q. Devata and Craig B. Simonsen

Seyfarth Synopsis: The FTC has adjusted its per violation penalties, in some cases by substantial amounts.

In a federal rulemaking published last week, the Federal Trade Commission (FTC) has finalized amendments to Commission Rule 1.98 to adjust the maximum civil penalty dollar amounts for violations of sixteen provisions of law. 81
Continue Reading FTC Raises Maximum Civil Penalties

By Pamela Q. Devata and Craig B. Simonsen

The Federal Trade Commission (FTC) has just released a report on Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (Report), January 6, 2016.

The FTC Chairwoman Edith Ramirez indicates in the FTC news release on the Report, that “big data’s role is growing in nearly every area of business,
Continue Reading FTC Publishes Big Data Report – Provides “Recommendations to Business”