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Earlier this week, the U.S. Chamber of Commerce told a Texas federal judge to block the Federal Trade Commission’s final Noncompete Rule, which would impose a comprehensive ban on new noncompetes with all workers, including senior executives. Here is a link to the 40-page brief.
But I’ll break it down for you in about 400 words.
To convince the court to ice the rule now, the Chamber must convince the judge that (1) it will likely prevail on the merits (i.e., the FTC Rule is invalid), (2) it will suffer irreparable harm without an injunction, and (3) an injunction will service the public