Cleary Gottlieb Steen & Hamilton LLP’s Post

Changes at the Federal level is constant! Stay up to date with #myhrcounsel, but also get experienced #legaladvice to navigate the changes affecting your Company!

The U.S. District Court for the Northern District of Texas issued a preliminary injunction against the Federal Trade Commission's Final Rule banning most non-compete agreements. The stay currently applies only to the parties involved in the case and the FTC's rule is still set to go into effect unless further court decisions alter the timeline. Click the link below to learn more about the injunction and how the FTC Final Rule banning non-competes affects you and your business. https://lnkd.in/e56tU9-q This update was written by JAH partners Patrick E. Kelly & David E. Stevens #noncompete #ftc #employmentlaw #jahlaw

How does a recent decision in Ryan v. Federal Trade Commission impact the implementation of the FTC's Final Rule on non-competition agreements? On July 3, 2024, the federal court in the Northern District of Texas granted a preliminary injunction to the Plaintiff and Intervening Plaintiffs, specifically prohibiting enforcement of the Final Rule. However, while the effective date of the Final Rule has been halted, this injunction applies solely to the Plaintiff and Intervening Plaintiffs. In this Stites & Harbison client alert, author Shannon Hamilton provides an update on where things currently stand as employers are left in limbo. Learn more at the link below: https://lnkd.in/etBR524g #FTC #noncompetition #noncompeteagreement

#TeamSPB reports on Judge Ada Brown of the US District Court for the Northern District of Texas, who issued the first ruling in pending challenges to the Final Rule (Ryan LLC v. Federal Trade Commission) on July 3. In her 33-page decision, Judge Brown preliminarily enjoined the Final Rule from going into effect on September 4, 2024 but only with respect to the Plaintiffs in the action. Read the full blog here ➡️ https://ow.ly/8Y7w50SvhrG #EmploymentLaw | #USDistrictCourt | #FederalTradeCommission

Bob Hoffer breaks down the implications of a recent ruling from the U.S. District Court for the Northern District of Texas putting a temporary hold on the Federal Trade Commission’s (FTC) ban on noncompetes, originally set to take effect on September 4, 2024. Stay informed on how this ruling, and the evolving legal landscape, could impact businesses and employees alike. 🔗 https://lnkd.in/gz5Wfxhw #EmploymentLaw #NoncompeteAgreements #DBLLaw #LegalInsights

This childish brinksmanship is incredible expensive for the American taxpayer, damages businesses and the economy by injecting uncertainty, and prevents focus on real issues. Additionally, it never works. Holding the nation hostage to get unsupported measures enacted that you cannot pass through the ballot is fundamentally unAmerican. It is time for a legislative fix that requires all necessary authorization and appropriation bills to be passed before Congress can adjourn on 30 September (the end of the existing fiscal year).

Yesterday, the US Court of Appeals for the 11th Circuit heard oral arguments in the government's appeal of the District Court's decision in National Small Business United, et al v. U.S. Department of the Treasury, et al. In brief: 1. The judges appeared to favor Treasury's position, possibly foreshadowing a holding that the Corporate Transparency Act (CTA) is constitutional. 2. They're likely to apply the US v Pugh standard in the 11th Circuit. 3. This would affirm Congress's power under the Commerce Clause to enact CTA. 4. Reasoning: Most entities subject to CTA engage in commercial activities. Please look for my forthcoming article analyzing both this and the Michael Firestone, et al. v. Janet Yellen case in Oregon effectively affirming that the CTA is a legitimate exercise of Congress’ broad authority to regulate entities involved in interstate and foreign commerce.  https://lnkd.in/gupZe5bV

CLIENT ALERT: On June 20, 2024, the Supreme Court of California ordered the removal of the self-styled “Taxpayer Protection and Government Accountability Act,” an initiative measure backed by business and taxpayer rights groups, from California’s November 2024 ballot. Learn more about this rare action in our latest Client Alert, authored by Cyrus Torabi: https://lnkd.in/gUyjyx8J #KutakRock #PublicFinance #CaliforniaTax

Remember the #FTC ban on #noncompete agreements? Well, now you can forget about it! A federal judge ruled the ban unlawful less than 15 days before the rule was set to take effect. While this halts the nationwide ban for now, it could come back in different forms, including federal legislation. To keep up to date on this issue, follow Hendershot Cowart P.C.

The "federal-courts-would-be-overwhelmed-without-agency-adjudication" argument is wrong. Agency adjudication risks dire injustice and dismantles the Constitution’s checks and balances. It must be addressed, and our new report shows how. https://lnkd.in/ezU_NTrG #agencyadjudication #seventhamendment #jurytrial