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PA Federal Court Denies Request to Enjoin FTC Ban on Non-Competes

By Joseph Lavigne & Madison Gaines on July 26, 2024
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As previously reported, the US District Court for the Northern District of Texas issued an injunction prohibiting the Federal Trade Commission (FTC) from enforcing its non-compete ban, which is set to take effect on September 4. That ruling, however, was limited to the plaintiffs in that case. Similarly, the US District Court for the Eastern District of Pennsylvania had a request before it and denied issuing an injunction against the FTC. It found that the plaintiff, ATS Tree Services, LLC, could not show irreparable harm, but, more importantly, it also found that plaintiff failed to show a likelihood of success on its claims that (1) the FTC does not have authority to issue a nationwide non-compete ban, and (2) the FTC Act unconstitutionally delegates legislative power to the FTC. The Pennsylvania court’s decision on “likelihood of success” is at odds with the finding of the Texas district court, which is an indication that the fate of the FTC non-compete ban will likely be resolved by the federal appellate courts and potentially the US Supreme Court. The Texas district court is scheduled to issue a final decision in the case on August 30, which could negate the non-compete ban for all employers — at least until the appeals courts and the Supreme Court have a say in the matter. 

If you have questions regarding the effects of these decisions on your non-compete agreements, please contact a member of our trade secret team.

Photo of Joseph Lavigne Joseph Lavigne

Joseph Lavigne is a founder and editor of the Trade Secret Insider and is a lead partner for Jones Walker’s Trade Secret Non-Compete Team. He has years of experience litigating trade secret, non-compete, computer fraud, and unfair competition cases — in both federal…

Joseph Lavigne is a founder and editor of the Trade Secret Insider and is a lead partner for Jones Walker’s Trade Secret Non-Compete Team. He has years of experience litigating trade secret, non-compete, computer fraud, and unfair competition cases — in both federal and state courts. Several of these cases established Louisiana’s law on trade secrets and non-competes. He also actively advises clients on how to protect their trade secrets and retain key personnel, as well as ways to avoid liability when hiring key personnel from a competitor. Mr. Lavigne can be reached at jlavigne@joneswalker.com or 504.582.8610.

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Photo of Madison Gaines Madison Gaines

Madison Gaines is an associate in Jones Walker’s Labor & Employment Practice Group. She can be reached at mgaines@joneswalker.com or 504.582.8579.

Read more about Madison GainesEmail
  • Posted in:
    Intellectual Property
  • Blog:
    Trade Secret Insider
  • Organization:
    Jones Walker LLP
  • Article: View Original Source

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