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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Anthony Ostlund partners Art Boylan and Mary Knoblauch recently obtained an order granting a motion for a temporary restraining order for its medical practice client which sought to enforce a non-compete agreement entered into by a physician/employee. The medical practice sued the physician for breaching his non-compete agreement after his employment ended when he moved his practice to a location within the geographic restrictions of the non-compete agreement and before...
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