By Lisa Kirby Haines and Cathryn M. Johns
Seyfarth’s Future of Automotive Series
Seyfarth Synopsis: On October 9, 2024, the Fifth Circuit heard oral argument on the administrative challenge lodged by the National Automobile Dealers Association (NADA), a national trade association representing the interests of U.S. car dealers, against the Combating Auto Retail Scams (“CARS”) Trade Regulation
Continue Reading NADA Faces Skeptical Fifth Circuit Panel On Challenge To FTC New Car Dealer Rule
By Marc Fosse
Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning noncompete agreements (the “Rule”), as well as enforcement of the Rule. However, legislatures and agencies at the federal and state level continue
Continue Reading Noncompete Agreements – Employer Options and Strategies to Reduce Risks
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 Jason Priebe and Danny Riley
Seyfarth Synopsis: Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices.
Recent developments, including federal and state regulators’ heightened focus on privacy enforcement, highlight the importance of proactive risk management, compliance and data governance. As IoT
Continue Reading Careful Data Governance Is a Must Amid Enforcement Focus
By Jesse M. Coleman and Katherine Perrelli
Commentary: The Court ruled on Wednesday, July 3, what most of the legal community already believed: that the FTC lacked the substantive rulemaking authority to issue a nationwide ban on non-competes between employers and workers. Nevertheless, the ruling itself is not likely one that anyone expected.
On the one hand, the Court
Continue Reading Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes
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 Jesse M. Coleman, Daniel 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)
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