ARTICLE
5 July 2024

District Court In Texas Issues Injunction On FTC Non-Compete Rule, Leaving Future In Doubt

SG
Shipman & Goodwin LLP

Contributor

Shipman & Goodwin LLP  logo
Shipman & Goodwin’s value lies in our commitment -- to our clients, to the profession and to the community. We have one goal: to help our clients achieve their goals. How we accomplish it is simple: we devote our considerable experience and depth of knowledge to understand each client’s unique needs, business and industry, and then we develop solutions to meet those needs. Clients turn to us when they need a trusted advisor. With our invaluable awareness of each client’s challenges, we can counsel them at every step -- to keep their operations running smoothly, help them navigate complex business transactions, position them for future growth, or resolve business disputes. The success of our clients is of primary importance to us and our attorneys invest meaningful time getting to know the client's business and are skilled in the practice areas and industry sectors critical to that success. With more than 175 attorneys in offices throughout Connecticut, New York and in Washington, DC, we serve the needs of
In a significant legal development, a Texas federal judge has issued a preliminary injunction against the Federal Trade Commission's (FTC) rule that bans noncompete agreements.
United States Texas Employment and HR

In a significant legal development, a Texas federal judge has issued a preliminary injunction against the Federal Trade Commission's (FTC) rule that bans noncompete agreements. This ruling is in response to a challenge by tax preparation company Ryan LLC and the U.S. Chamber of Commerce. The court's decision puts a temporary hold on the rule as applied to these Plaintiffs, which was set to take effect in September, pending a review of the FTC's authority to enforce such a sweeping prohibition.

While it is not yet a nationwide injunction, it's clear that the rule itself is in jeopardy of being struck down entirely when the judge issues a decision on the merits of the case by late August 2024.

In U.S. District Judge Ada Brown's order, she indicates that the FTC may not have the substantive rulemaking authority to implement the noncompete ban. The judge's opinion suggests that the FTC Act does not grant the commission the power to enforce unfair methods of competition in this manner. Given the Supreme Court's decision on Monday striking down the Chevron doctrine — where courts often defer to the expertise of administrative agencies — this Texas decision is hardly a surprise.

Judge Brown's ruling reflects this shift, emphasizing that the FTC's rulemaking should be explicitly authorized by Congress and that the noncompete ban is likely too broad without a solid rationale.

Although you can never say never, reading the Judge's decision, it seems extremely likely that the FTC rule is not going to survive the ultimate legal challenge, at least for now. As a result, employers should not waste significant time in modifying existing non-compete agreements to comply with the potential rule. Rather, employers should focus their energies on state law developments that may ban certain agreements because it is likely that those bans will remain in place.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More