As an update to our previous blog posts (FTC Bans Noncompetes and Noncompete Update), the Federal Trade Commissions' non-compete rule has been enjoined.
Just two weeks before the Federal Trade Commission's ("FTC") rule to federally ban non-competes was to go into effect (the "Final Rule"), on August 20, 2024, a Texas federal judge issued a nationwide injunction which barred the implementation of the Final Rule. The court held that the FTC lacked statutory authority to adopt the Final Rule and creation of the Final Rule was an unlawful agency action by the FTC.
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