FTC Gains Support Against Challenge to New Rule Banning Noncompete Clauses
America ı By Rochdi Rais
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An attorney for the scholars, Mark Samburg, senior counsel for the Democracy Forward Foundation, said in a statement on Monday that the "extremists" behind the rule challenge make a series of arguments that are fundamentally flawed and said the scholar's brief shows how "outlandish those challenges to this important protection for workers are."
"Non-compete clauses have kept millions of people trapped in jobs they may not want, and Democracy Forward is committed to defending workers' hard-fought freedoms," Samburg said.
A representative for the FTC declined to comment Monday. Representatives for Ryan and the Chamber did not respond to requests for comment.
The former and current elected officials are represented by Darren P. Nicholson, Warren T. Burns and Kyle Oxford of Burns Charest LLP, and Joshua A. Rosenthal and Eushrah Hossain of the Public Rights Project.
The administrative law scholars are represented by Mark Samburg and Robin F. Thurston of the Democracy Forward Foundation.
The Texas AFL-CIO is represented by David H. Seligman, Nina DiSalvo and Rachel W. Dempsey of Towards Justice, and Ashley E. Tremain of Tremain Artaza PLLC.
Ryan LLC is represented by Allyson N. Ho, Elizabeth A. Kiernan, Eugene Scalia, Amir C. Tayrani, Andrew G.I. Kilberg, Aaron Hauptman and Joshua R. Zuckerman of Gibson Dunn & Crutcher LLP, and Charles W. Fillmore and H. Dustin Fillmore III of The Fillmore Law Firm LLP.
The U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business and Longview Chamber of Commerce are represented by Jordan L. Von Bokern and Tyler S. Badgley of the U.S. Chamber Litigation Center, Liz Dougherty of Business Roundtable, Jeffrey B. Wall and Judson O. Littleton of Sullivan & Cromwell LLP, and Robert L. Sayles and Boyce Holleman of Bradley Arant Boult Cummings LLP.
The FTC is represented by Madeline M. McMahon, Taisa Goodnature, Rachael Westmoreland and Arjun Mody of the U.S. Department of Justice's Civil Division.
The case is Ryan LLC et al. v. Federal Trade Commission, case number 3:24-cv-00986, in the U.S. District Court for the Northern District of Texas.
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