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U.S. Supreme Court,
Labor/Employment,
Administrative/Regulatory

Aug. 7, 2024

FTC non-compete ban: Life after Loper and Chevron deference?

See more on FTC non-compete ban: Life after <i>Loper</i> and <i>Chevron</i> deference?

By Eric Akira Tate, Bonnie Lau and Maya King

Eric Akira Tate

Partner
Morrison Foerster's Global Employment and Labor Group

Eric Akira Tate is partner and co-chair of the firm's Global Employment and Labor Group where he represents technology and other companies in bet-the-company trade secrets and employee mobility cases.

Bonnie Lau

Partner
Wilson Sonsini Goodrich & Rosati

Maya King

Summer Associate
Morrison & Foerster LLP

FTC non-compete ban: Life after <i>Loper</i> and <i>Chevron</i> deference?

On June 28, 2024, the U.S. Supreme Court in Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244 (2024), overruled the decades-long Chevron deference doctrine. Under Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), courts were directed "to defer to 'permissible' agency interpretations of [ambiguities in] statutes those agencies administer--even when a reviewing court reads the statute differently." In its 6-3 Loper Bright decision, the Court instead held that ...

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