Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Federal Trade Commission Act

Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses

By Steven Hurd, Daryl Leon and Scott Tan on Posted in Federal Rules, Labor & Employment, Non-Compete & Trade Secrets
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of non-competes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on promoting competition in the economy, … Continue Reading

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the Eleventh Circuit

By Rina Kim on Posted in Appellate, Commercial Litigation, Litigation
The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al., clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (“FTCA”). Section 13(b) of the FTCA authorizes the Federal Trade Commission … Continue Reading
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