FTC

On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban noncompete agreements.  Judge Brown held that the FTC exceeded its statutory authority and invalidated the Rule on a nationwide basis.… Continue Reading

As we previously reported, here, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior executives and noncompetes made in connection with the bona fide sale of a business.… Continue Reading

The Federal Trade Commission (FTC) voted yesterday to issue a final rule that will prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior executives and noncompetes made in connection with the bona fide sale of a business. Employers must review existing and prospective employment agreements and revise them to comply with the new rule, which, unless enjoined by a court, will go into effect 120 days after publication in the Federal Register, expected in the coming days.… Continue Reading

On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last amended in 2008, on how it will evaluate bank merger transactions with respect to competition, financial resources, the convenience and needs of communities, financial stability, and money laundering.… Continue Reading

The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a merger may have on labor markets.

Companies will need to consider the impact of potential mergers on labor markets.… Continue Reading

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI).  The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).  … Continue Reading