FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?

On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority … to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has issued a far-reaching notice of proposed rulemaking that would prohibit the use of non-compete clauses and preempt all state laws providing lesser protection than the proposed rule.

Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit

A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for several years: Are motions to dismiss pursuant to the Texas Citizens Participation Act (TCPA) allowed in federal court?