The Texas Business Court officially began accepting cases on September 1, 2024. Through the end of February 2025, the Business Court issued more than a dozen written opinions[1] largely focused on twenty sections of the Government Code, added under...
President-elect Donald Trump's announcement that he intends to appoint Federal Trade Commissioner Andrew Ferguson to chair the Federal Trade Commission ("FTC") may lead to a status change regarding the FTC’s recent nationwide ban on noncompete...
When entering into an agreement, businesses are often faced with whether to agree to a contract containing a mandatory arbitration provision. Arbitration is generally a contractual proceeding by which the parties to a controversy agree to, in...
In a pro-business opinion and order issued on August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E, pending before the United States District Court for the Northern District of Texas, Dallas Division, the federal court set...
In the latest twist regarding the Federal Trade Commission’s (“FTC”) final rule banning non-compete agreements on a nationwide basis[1] (the “Non-Compete Rule”), a federal court in Pennsylvania has refused to block enforcement of the Non-Compete...
Less than two months after the Federal Trade Commission (“FTC”) published its final rule banning Non-Compete agreements[1] (the “Non-Compete Rule”), a federal district court in Dallas, Texas has entered a preliminary injunction enjoining the FTC’s...
Complex commercial litigation is time consuming, risky, and resource draining. Attorney’s fees are a significant factor in determining whether to pursue a claim. Legal strategy and case management decisions often are influenced by whether the...
Background On April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a rule (the “FTC Rule”) that, as a matter of federal law, bans “non-compete” contract clauses as “unfair methods of competition,” with few exceptions and requires...
Texas law on the enforceability of noncompete clauses has taken a long and twisted path to end up where it is today: a general view in favor of enforceability with certain exceptions meant to protect against egregious outcomes. This is all fine and...
DALLAS, /Shields Legal/ -- The reputation of Texas as business friendly is in full view with the establishment of 11 business court divisions and a dedicated appellate court to be set up to handle exclusively certain complex business disputes....
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