Category: Non-Compete Provisions/Agreements

WHITHER THE FEDERAL TRADE COMMISSION’S PROPOSED NATIONAL BAN ON NON-COMPETES? 

By G. A. Finch In my 08 June 2024 blog post,   Federal Trade Commission Rules  From on High: The Death Knell of Non-Competes?, I commented on the 23 April 2024  Federal Trade Commission (FTC) final Non-Compete Clause Rule (the “Rule”), which essentially gutted the legal permissibility of the use of non-compete covenants in American business. … Read More WHITHER THE FEDERAL TRADE COMMISSION’S PROPOSED NATIONAL BAN ON NON-COMPETES? 

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FEDERAL TRADE COMMISSION RULES FROM ON HIGH: THE DEATH KNELL OF NON-COMPETES?

By G. A. Finch Spring 2024 brought the business community a monumental development in the law of non-competition covenants.  The business community and lawyers will sort through its  impact over the summer and navigate its application and legal sufficiency in the coming months. Under its issued final Non-Compete Clause Rule, the Federal Trade Commission (FTC)… Read More FEDERAL TRADE COMMISSION RULES FROM ON HIGH: THE DEATH KNELL OF NON-COMPETES?

G. A. Finch

SEARS SEEKS TO ENFORCE NON-COMPETE PROVISION AGAINST EXECUTIVE

In a 17 May 2011 article, Crain’s Chicago Business reported that Sears Holdings Corporation sued its erstwhile Senior Vice President Nicholas P.M. Coe to enjoin him from working for its perceived direct competitor, Limited Brands, Inc.  Mr. Coe ran Sears’ Lands’ End business unit.  At Limited Brands, Inc. Mr. Coe serves as CEO of Bath… Read More SEARS SEEKS TO ENFORCE NON-COMPETE PROVISION AGAINST EXECUTIVE

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NON-COMPETE AGREEMENTS: YOU MAY NOT GET WHAT YOU BARGAINED FOR

G. A. FINCH According to the English philosopher Francis Bacon, “A man must make his opportunity as oft as find it.” Preventing a person from making his opportunity runs counter to the American ethos that a person should have the freedom to work wherever and whenever the person desires. This notion has been tempered by contractual and… Read More NON-COMPETE AGREEMENTS: YOU MAY NOT GET WHAT YOU BARGAINED FOR

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