Less than a year after the Texas Business Court officially began accepting cases on September 1, 2024, the Texas legislature, through House Bill No. 40 (“HB 40”) made the first changes to the Business Court’s jurisdiction since its creation....
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Latest News from Bayley S. Clark
One Year Later: What is the Status of the FTC’s Non-Compete Rule?
One year has passed since the Federal Trade Commission (“FTC”) announced its controversial Final Rule banning nearly all non-competes on a nationwide basis (the “Non-Compete Rule”).[1] The Non-Compete Rule, which was set to go into effect on...
Removal of Pre-Existing Suits to the Texas Business Court is a Non-Starter
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’s Pick for FTC Chair Is Not a Fan of the FTC’s Nationwide Rule Banning Non-Competes
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...
Arbitration and the New Texas Business Court: Expanding Dispute Resolution Options in Texas
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...
Texas Federal Court Shuts Down FTC Ban on Non-Competes
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...
The FTC’s Ban on Non-Competes Finds Favor in Pennsylvania, But Not Texas
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...
Ryan LLC Convinces Texas Federal Court to Preliminarily Halt FTC’s Controversial Rule on Non-Competes as to Parties and Intervenors Before the Court
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...
Proper Presentment of a Claim for Attorney’s Fees: The Key to Obtaining or Defeating an Award
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...
The FTC Rule on Non-Competes – the Saga Moves to the Courthouse
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...
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