The Uncertain Viability of the FTC’s Noncompete Ban

Recent developments in Supreme Court jurisprudence pose a stiff challenge to the FTC’s Noncompete Ban (the “Noncompete Ban”). Specifically, the United States Supreme Court’s decision in Loper Bright Enterprises v. Raimondo (“Loper”) and a federal injunction from a Texas court on July 3, 2024 both cast doubt on the legitimacy of the ban.