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The FTC Kills Noncompetes

The FTC Kills Noncompetes

April 30, 2024

The FTC Kills Noncompetes

By: George Calhoun

In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses.  Approximately 30 million Americans currently work under a non-compete clause.  All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses will be enforceable, even for senior executives. Noncompetition clauses have long been a contentious issue in the labor market.  Employers claim that they protect intellectual property, trade secrets, and business interests.  Employees find that such agreements limit worker mobility and suppress wages. According to FTC chairperson Lina Khan, “Noncompete clauses keep wages low, suppress new…

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Ad-Tech Europe: The Moving Target Marking Targeted Advertising

April 26, 2024

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

By: Nicole Kardell

The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe.  While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…

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Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

April 1, 2024

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

By: Michelle Cohen

Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…

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FTC Issues New Rule on Mortgage Scammers

January 10, 2011

FTC Issues New Rule on Mortgage Scammers

By: Ifrah Law

As the economic crisis continues for many homeowners, the Federal Trade Commission has taken actions to protect homeowners from mortgage relief scams. Most of the new requirements took effect on December 29, 2010, and all of the new requirements can be applied to affiliate marketers, who immediately need to be aware of the rule. The Mortgage Assistance Relief Services (MARS) Rule was approved by the…

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Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

September 17, 2010

Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

By: Ifrah Law

Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court. The FTC is reportedly investigating POM for alleged false advertising…

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In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena

July 26, 2010

In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena

By: Ifrah Law

When a U.S. magistrate judge in the District of Columbia issued his ruling in Federal Trade Commission v. Bisaro on July 13, 2010, permitting limited discovery of certain FTC officials regarding an agency subpoena, it had been more than three decades since the D.C. Circuit had found that “extraordinary circumstances” were present that warranted discovery in a subpoena enforcement action. Subpoena enforcement proceedings are typically…

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Articles and Presentations by Our Firm Attorneys

The FTC Kills Noncompetes

The FTC Kills Noncompetes
By: George Calhoun

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen

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