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Texas Court Holds ‘Em Off: FTC’s Impending Ban On Non-Competes Likely To Fold
On Tuesday, August 20, a Texas federal judge set aside the FTC’s “Non-Compete Rule” (the “Rule”). This decision comes just two weeks before the FTC’s nationwide ban on non-competes was set to take effect. The Court stated the FTC overstepped its authority in issuing the Rule, calling it “arbitrary and capricious” and found that the FTC’s sweeping ban on non-competes was overly broad and ignored the valid business interests non-competes serve. Many employees may now breath a sigh of relief now that the Rule is on hold indefinitely. However, the Rule is not completely out of the game just yet.