Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Contact RMP
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.
This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.
After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.
Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.
RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call 479.443.2705.
RMP LLP, along with the other defense firms in the broiler chicken criminal antitrust case, were honored with Global Competition Review’s (GCR) 2023 “Behavioral Matter of the Year (Americas)” award, which recognizes the creative, strategic, and innovative work handled by teams of lawyers and economists and thebiggest cases from 2022. Winners were announced at GCR’s 13th annual awards ceremony on March 28, 2023, in Washington, D.C.
The RMP trial team secured a complete dismissal of charges in a federal criminal trial in Denver, Colorado, against the Department of Justice (DOJ), in a case alleging that bids were rigged and prices were fixed over an eight-year period in the $28 billion per year broiler chicken industry. The dismissal of the charge against their client followed two mistrials where jurors deadlocked after weeks of trial. A third trial involving 5 of the remaining executives resulted in acquittals. The case stemmed from an indictment that charged 10 executives with criminal violations of the Sherman Act.
In addition to GCR’s recognition, the successful dismissal earned the RMP team, along with the other defense teams, The American Lawyer’s “Litigator of the Week” recognition, and the case garnered extensive national attention from major news outlets, including The Wall Street Journal, Bloomberg, Forbes, Reuters, Politico, and CNBC, among others. Led by partners Wendy Johnson and Christopher Plumlee, the trial team also included Seth Haines, Lisa Geary, Bo Renner, Larry McCredy, Anna Broadaway, and Taylor Baltz.
Considered the world’s leading antitrust and competition law journal, the annual GCR Awards are based on a nomination and voting process open only to employees of law firms, economic consultancies, government agencies, universities, and competition advocacy organizations. Employees are not allowed to vote for matters in which their organization was involved.
April 11, 2023
Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
RMP LLP, along with the other defense firms in the broiler chicken criminal antitrust case, were honored with Global Competition Review’s (GCR) 2023 “Behavioral Matter of the Year (Americas)” award, which recognizes the creative, strategic, and innovative work handled by teams of lawyers and economists and thebiggest cases from 2022. Winners were announced at GCR’s 13th annual awards ceremony on March 28, 2023, in Washington, D.C.
The RMP trial team secured a complete dismissal of charges in a federal criminal trial in Denver, Colorado, against the Department of Justice (DOJ), in a case alleging that bids were rigged and prices were fixed over an eight-year period in the $28 billion per year broiler chicken industry. The dismissal of the charge against their client followed two mistrials where jurors deadlocked after weeks of trial. A third trial involving 5 of the remaining executives resulted in acquittals. The case stemmed from an indictment that charged 10 executives with criminal violations of the Sherman Act.
In addition to GCR’s recognition, the successful dismissal earned the RMP team, along with the other defense teams, The American Lawyer’s “Litigator of the Week” recognition, and the case garnered extensive national attention from major news outlets, including The Wall Street Journal, Bloomberg, Forbes, Reuters, Politico, and CNBC, among others. Led by partners Wendy Johnson and Christopher Plumlee, the trial team also included Seth Haines, Lisa Geary, Bo Renner, Larry McCredy, Anna Broadaway, and Taylor Baltz.
Considered the world’s leading antitrust and competition law journal, the annual GCR Awards are based on a nomination and voting process open only to employees of law firms, economic consultancies, government agencies, universities, and competition advocacy organizations. Employees are not allowed to vote for matters in which their organization was involved.
April 11, 2023
Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
JOHNSON
5519 Hackett Street, Suite 300
Springdale, AR 72762
BENTONVILLE
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Bentonville, AR 72712
JONESBORO
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Jonesboro, AR 72401
LITTLE ROCK
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Little Rock, AR 72212