NYSDA Publications

FTC Appeals Noncompete Case to 5th Circuit

Oct 21, 2024
The Federal Trade Commission (FTC) has filed an appeal with the United States Court of Appeals for the Fifth Circuit in the case involving banning noncompete agreements -- Ryan LLC v. Federal Trade Commission.  The United States District Court for the Northern District of Texas had ruled in Ryan LLC v. Federal Trade Commission that the FTC rule banning noncompete agreements that was scheduled to take effect on September 4, 2024, exceeded the authority of the FTC to adopt and was enjoined from being enforced nationwide.  The Fifth Circuit has not yet ruled if the lower court stay will remain in effect pending the appeal, but it is likely to do so.