On April 23, 2024, the Federal Trade Commission issued a final rule that would prohibit restrictive covenants (non-compete agreements) for most employees, effective on September 4, 2024.

Last Monday, I was about to write a blog post predicting that FTC’s rule couldn’t survive. A Supreme Court that struck down major environmental rules, eliminated the 40-year-old Chevron doctrine, and created from scratch a shocking new doctrine of presidential immunity that has Washington, Jefferson, Hamilton, et al rolling in their graves, all in one week, was not going to tolerate a national rule opposed by most businesses.

Two days later, on July 3^rd, in Ryan v. FTC, a federal District Court judge in Texas saved the Supreme Court the trouble, issuing an injunction against the FTC’s rule. For the time being the injunction applies only to the plaintiff in the case. However, there is a very high probability that the injunction will become national when the District Court issues its final opinion at the end of August. With several other cases pending and the position of the Supreme Court so clear, it’s also possible that another court will issue a national injunction first.

For practical purposes, it is reasonable to assume that the FTC’s rule will never come into effect.

Questions? Let me know.