Minnesota Lawyer and Finance & Commerce – Partner Content Authors: Dan Hall and Samantha Buckman On April 23, 2024, the Federal Trade Commission announced a final rule that, if upheld, will ban noncompetition clauses nationwide. The rule, which is scheduled to become effective 120 days after its publication in the Federal Register, would prevent the enforcement of existing noncompetition clauses – with limited exceptions – while prohibiting new noncompetition clauses in the future. The FTC rule, if it goes into effect, will be more expansive than Minnesota’s existing state ban on non-compete agreements, which took effect on July 1, 2023. See Minn. Stat. § 181.988. Unlike the Minnesota state law prohibition, which applies only prospectively, the FTC rule is retroactive and invalidates existing non-compete agreements. Both the...
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In September 2018, Anthony Ostlund attorneys Art Boylan and Pete McElligott won a jury trial for the firm’s client, Tony Flattum. The jury awarded Flattum all of the damages he requested – over $730,000 – for the defendant’s breach of an agreement to share profits in the parties’ storm restoration business. After the trial court denied the defendant’s post-trial motions to overturn the verdict, the defendant appealed. Anthony Ostlund attorney Phil Kaplan argued the appeal...
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