A Texas federal judge should decide the fate of the FTC noncompete rule today. So, let’s make this interesting….


Let’s play a game of “closest to the pin.”

But first, here is a quick recap before I explain the rules of the game.

In January 2023, the Federal Trade Commission (FTC) proposed a rule generally prohibiting employers from imposing noncompetes on their workers. In the following year and change, the federal agency received more than 26,000 comments on the proposed rule, with over 25,000 comments supporting the FTC’s proposed ban on noncompetes.

In April 2024, the FTC voted 3-2 in favor of a final Noncompete Rule imposing a comprehensive ban on new noncompetes with all workers, including senior executives.

Then, a local company sued in Texas federal court to block the Rule, which the Chamber of Commerce later joined. In the weeks and months that followed, dozens of interested parties filed briefs in the lawsuit—some favoring injunctions, some backing the FTC.

On May 7, 2024, Judge Ada Brown, the presiding judge, confirmed that she would rule by July 3. And that brings us to our game of “closest to the pin.”

Here’s how we’ll play:

  1. Follow this link to LinkedIn, where I have cross-posted this blog post.
  2. In the comments of the post, predict how the court will rule.

For example, will Judge Brown enter an injunction? And, if so, will she limit it to the parties, the entire State of Texas, or make it nationwide?

Or maybe Judge Brown will deny the injunction. But, if she does, will it be because (a) the plaintiffs are unlikely to prevail on the merits, (b) the plaintiffs cannot establish irreparable harm, (c) the balance of equities disfavors an injunction, (d) public interest favors implementation of the rule, or some combination of (a), (b), (c), and (d)?

The person who provides the most accurate, detailed comment, i.e., the one who gets the closest to the pin, is the winner.

As a tiebreaker, without going over, tell me at what time of the day (Central time) the court will rule.

Good luck!

“Doing What’s Right – Not Just What’s Legal”
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