Major Questions Doctrine Issues Come Into Focus In Lawsuit Challenging FTC's Ban On Non-Competition Covenants
Last April, the Federal Trade Commission proposed a rule that would enact a near-complete ban on non-competition covenants. This rule was immediately challenged in court by multiple business interests. One of the cases, Ryan, LLC v. Federal Trade Commission, has proceeded to briefing over whether a preliminary injunction should block the FTC’s actions. In opposing a request for preliminary injunction, the FTC has staked out an interesting...
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