Shareholder Jason Levine spoke with Law360 about the Federal Trade Commission’s recent setback in its push to ban employment noncompete agreements after a Texas federal judge set aside a controversial agency rule set to go into effect on Sept. 4.
The ruling, however, won’t be the last word on the FTC’s attempt to assert its rulemaking authority, as lawsuits challenging the ban proceed in Pennsylvania and Florida. The U.S. Supreme Court is ultimately expected to decide the matter.
In the article, Jason noted the difficulties for the FTC in defending its rule against claims that it had exceeded its regulatory power under the major questions doctrine. “These are all hurdles that the FTC will ultimately need to overcome in its defense of the rule,” Jason said.
Read the full article here.
