Tag Archives: non-compete agreements

FTC Shifts Strategy on Noncompetes: From Blanket Ban to Case-by-Case Enforcement

By Joseph Lavigne and Jeffery Sanches, Jr. on Posted in Federal Trade Commission, Non-Compete
On September 4 and 5, 2025, the Federal Trade Commission (FTC) took a number of steps which shed light on the direction the Trump Administration intends to go with respect to the executive branch’s enforcement actions against noncompetes. While the FTC’s formal rule providing a blanket ban on noncompetes was struck down by a Texas-based … Continue Reading

The CHOICE Act: An Unprecedented Shift in the Future of Noncompete Agreements in Florida

By Luis E. Llamas on Posted in Non-Compete
The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act marks a significant shift in the state’s approach to noncompete agreements, reinforcing employer protections and reshaping restrictive covenants. This legislation, set to take effect on July 1, 2025, establishes a presumption that covered noncompete agreements and garden leave provisions are enforceable, making Florida … Continue Reading

Federal Judge Stymies FTC Efforts to Outlaw Non-Compete Agreements

By Joseph Lavigne and Connor Fields on Posted in Federal Trade Commission, Non-Compete
On August 20, 2024, Judge Ada Brown of the US District Court for the Northern District of Texas set aside the Federal Trade Commission’s rule that effectively prohibited the use of non-compete agreements. Interpreting the Administrative Procedure Act, which provides for judicial review of the actions of federal agencies like the FTC, the court found … Continue Reading

PA Federal Court Denies Request to Enjoin FTC Ban on Non-Competes

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
As previously reported, the US District Court for the Northern District of Texas issued an injunction prohibiting the Federal Trade Commission (FTC) from enforcing its non-compete ban, which is set to take effect on September 4. That ruling, however, was limited to the plaintiffs in that case. Similarly, the US District Court for the Eastern … Continue Reading

Update – Status of Challenge to FTC Non-Compete Ban

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
As previously reported, the consolidated lawsuits challenging the Federal Trade Commission’s (FTC) non-compete ban sought a preliminary injunction and a stay until litigation is resolved concerning the FTC’s non-compete ban. On July 3, 2024, a federal judge in the US District Court for the Northern District of Texas decided that a preliminary injunction was appropriate … Continue Reading

A Closer Look at the FTC’s Final Non-Compete Rule

By Joseph Lavigne and Madison Gaines on Posted in Federal Trade Commission, Non-Compete
On April 23, 2024, the Federal Trade Commission (FTC) issued its Final Non-Compete Agreement Rule (Final Rule), banning non-compete agreements between employers and their workers. The Final Rule will go into effect 120 days after being published in the Federal Register. This Final Rule will impact most US businesses, specifically those that utilize non-compete agreements to protect … Continue Reading

Lavigne Quoted in TechTarget Article on FTC Noncompete Ban

By Thomas Hubert and PJ Kee on Posted in Federal Trade Commission, Jones Walker Announcements, Non-Compete
Joe Lavigne, a partner in Jones Walker LLP’s Labor & Employment Practice Group and founding member of Jones Walker’s Trade Secret Insider blog, was quoted in the TechTarget article “Election might decide fate of FTC noncompetes ban” on April 26, 2024. In the article, Joe discusses how the Federal Trade Commission’s ban on noncompete agreements affects employers and how … Continue Reading

The LA Senate Passes Restrictions on Non-Competes for Primary Care Physicians; SB 165 Now Moves to the House of Representative for a Vote

By Joseph Lavigne and Samantha Shear on Posted in Federal Trade Commission, Non-Compete, Uncategorized
Last month, we wrote about the anticipated impact of the Federal Trade Commission’s expected rule on the healthcare industry. In that post, we discussed the impacts many argued non-competes would have on the healthcare space. Specifically, while some physician groups argue the prevalence of non-competes in the healthcare industry contributes to physician shortages, other industry … Continue Reading

The Expected Impact of the FTC’s Expected Rule on Healthcare Industry

By Joseph Lavigne and Samantha Shear on Posted in Federal Trade Commission, Non-Compete
The Proposed Rule Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide. With very limited exceptions, the sweeping rule forbids any contractual term between an employer and a worker that has the effect of preventing the worker from accepting employment with a competitor, or operating a competitive … Continue Reading

Legal Challenges the FTC Faces in Light of Proposed Ban on Non-Compete Agreements

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule concerning for all US businesses. Our previous … Continue Reading
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