It is commonly assumed in the United States that electronic signatures have the same effect as wet signatures. And for the most part, they do. However, electronic signatures may not hold up in some circumstances. Federal legislation, specifically the Electronic Signatures in Global and National Commerce (ESIGN) Act, and…
On August 20, 2024, the federal court in Ryan, LLC. V. FTC, a case in the Northern District of Texas, set aside the FTC Non-Compete Clause Rule nationwide. The Ryan court held that (1) the FTC exceeded its statutory authority in implementing the Rule, and (2) the Rule is arbitrary…
Despite ongoing legal challenges, there is not currently a nationwide injunction delaying or stopping the FTC Non-Compete Clause Rule from becoming effective September 4, 2024. Consequently, absent a development in the pending legal challenges (discussed in more detail below), businesses that have not already done so should start planning for…
Associated General Contractors of America (“AGCA”) took a successful first step towards challenging two provisions of the Department of Labor’s (“DOL”) August 2023 prevailing wage rule for those working on federal construction projects when it obtained a favorable initial ruling in the form of a temporary injunction from the District…
On July 3, 2024, the court in Ryan, LLC v. FTC, a case in the Northern District of Texas, stayed the Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule and granted the plaintiff’s emergency motion for a preliminary injunction. The court limited the scope of the stay and injunctive relief to…