Joe English’s Post

Have you heard about the Supreme Court's ruling to strike down the Chevron doctrine? The Supreme Court's June 27th decision could pose significant challenges to the FTC's non-compete ban and will reduce the authority of federal agencies to interpret the laws they enforce. In his latest insight, Joe English discusses the significance of this ruling with the help of partner Peter Spanos. Read the full insight below. #SupremeCourt https://lnkd.in/ebNeYWy2...

The Supreme Court's decision in Loper Bright Enterprises v. Raimondo has overturned the Chevron deference precedent, altering the landscape for federal agency rulings. This ruling directly impacts regulations like the FTC's ban on noncompete agreements, which now face increased vulnerability to legal challenges. It will be interesting to see how this plays out at the Federal level. #HR #HumanResources #SupremeCourt #ChevronDeference #FederalAgencies #EmploymentLaw #NonCompete

The U.S. Supreme Court last week upended the Chevron deference, under which courts had deferred to federal agencies’ reasonable interpretations of ambiguous statutes. The decision is widely seen as a win for the business community. Scott Kelly, Scott McLaughlin & Zachary Zagger of Ogletree Deakins provided PCCA with this detailed analysis.   "The Supreme Court’s latest decision is likely to shift power dynamics by weakening agency authority to interpret ambiguous statutes and increasing judicial scrutiny. At a minimum, agencies may need to provide stronger justifications on the merits for their interpretations, and overall, they may be less likely to issue rulemaking in areas where statutory authority is not clear.   "The decision is also likely to increase litigation and legal uncertainty, as it potentially opens the floodgates to a wave of legal challenges to overturn all sorts of existing agency rules that have been upheld citing Chevron deference and legal challenges to new agency rules moving forward." #powerindustry #power #communication #construction #contractors #broadband #infrastructure #SupremeCourt #law #ExpertAnalysis #criticalinfrastructure #ChevronDeference #PCCA https://lnkd.in/eMaVdKbu

Remember when we talked about the FTC's big move on non-compete agreements? Well, let's take another look, this time diving deeper into the nitty-gritty details. While the high-level discussion of the FTC's rule the last several weeks seems to contemplate a comprehensive ban, there are exceptions to consider, especially for senior executives. What defines a senior exec, and how does this exception play out in the real world? Under the latest FTC rule, these individuals—earning more than $151,164 annually and holding policy-making positions—are subject to different regulations regarding non-competes. This definition aims to clarify who qualifies for the exception and ensures compliance with the ruling. As legal challenges unfold, it's crucial to stay informed about the latest court cases and developments. How might these legal battles shape the future of non-compete agreements? Let's keep a close eye on the proceedings! #LegalLandmark #WorkplaceDynamics #FTC #NonCompete #BusinessLaw #SeniorExecutives #LegalUpdates

The Federal Trade Commission (FTC) recently voted in favor of its Final Non-Compete Clause Rule, effectively banning post-employment non-compete clauses between employers and workers. Read an in-depth analysis on the rule's legal challenges from business interests by Jesse Coleman, Daniel Hart, and Eron Reid on the latest Seyfarth Shaw LLP Trade Secrets blog post. #FTC #NonCompetes #NonCompeteRule #SeyfarthLegal

Amid the flurry of opinions released over the past few days by the U.S. Supreme Court, one stands out as potentially the most consequential for businesses: Loper Bright Enterprises v. Raimondo. In this case, the Court overturned the long-standing Chevron doctrine, which had required courts to defer to federal agencies' interpretations of ambiguous statutes. This ruling has broad implications, including its potential impact on the FTC's non-compete ban. The ban already faces legal challenges, and without the shield of Chevron deference, the FTC may face a steeper climb in defending its authority to implement such a sweeping rule. While the ultimate outcome of the FTC's non-compete ban remains uncertain, it's clear that the Supreme Court's ruling has added another significant twist to an already contentious issue. We'll continue to monitor this situation closely and provide updates as new developments unfold. In the meantime, the FTC's rule implementing the ban and all its associated nuances remains in effect—at least for now.

FTC ANNOUNCES NONCOMPETE FINAL RULE UNVEILING AND VOTE H. William (Bill( Constangy For over a year the FTC has been dangling the prospect of seizing national control of employment noncompete agreements, preempting all state legislation, and banning most, if not all, such agreements. The cost, elaborate display of power, exercise of  control and reach of such action, combined with massive  bureaucratic expansion to implement, administer, investigate and adjudicate such a prohibition is mind boggling. Over a year has elapsed since the FTC proposed such a rule in January, 2023, and now the big day is coming for unveiling and voting on a final rule. Flexing its muscle, in advance of the US Supreme Court’s pending  decision in Loper Bright Enterprises v. Raimondo, (a case argued before the Supreme Court in January 2024), that may revoke or seriously modify the Chevron Doctrine of  judicial deference to federal agency statutory interpretation, and prior to the results of the 2024 Presidential Election, the FTC announced on Tuesday, April 16, that it will hold an open, virtual Commission Hearing on Tuesday, April 23, 2024, to proclaim and vote on its Final  Noncompete Rule. A fierce legal battle will surely be joined soon thereafter, spawning interesting days ahead, which may not only determine the future of noncompetes but also shift sails of the ever expanding federal administrative state. H. William Constangy is the author of NONCOMPETE LAW, 2024 edition, a national legal treatise, published by LexisNexis/Matthew Bender, a retired NC Superior Court Judge and an active Arbitrator in Charlotte, NC. #FTC #Noncompetes #NoncompeteLaw #EmploymentLaw #AdminstrativeState #EmploymentNoncompetes

Watch S&C’s webinar to learn more about the FTC’s final rule banning non-compete agreements and pending legal challenges. https://lnkd.in/eWj3C6Pa

Ryan has won a temporary stay against the Federal Trade Commission legislation to partially block #NonCompeteAgreements until mid August 2024. Importantly this was decided in Texas but applies nationwide since the Federal Judge belives that the case will succeed when it comes to full trial later this year. This will obviously have a big impact on all businesses but particularly #technology #consulting and #legal. What do you think? #management #venturecapital #privateequity #laborlaw #noncompete #ftc

Join McDermott's webinar on May 8 for answers to your pressing questions about the FTC's rule banning #noncompete agreements. My colleagues across our #employment, #antitrust, and government and regulatory litigation practices will examine the impact the Final Rule will have on current noncompete agreements, the legal issues around enforcing a noncompete ban and ensuing litigation, and what #employers should do next. Register today at the link below.