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The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.”
Of course, this presupposes that the FTC appeals the Texas decision, which it hasn’t committed to yet.
But let’s rewind a bit.
In July, a Pennsylvania federal judge denied an employer’s request to enjoin the noncompete rule, concluding that the plaintiff “failed to establish a reasonable chance,