Federal judge partially blocks U.S. ban on noncompetes
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Re: Federal judge partially blocks U.S. ban on noncompetes
#2> Judge Ada Brown of the U.S. District Court for the Northern District of Texas
The shape of everything to come.
I wonder when those in the techworld will hear that little klaxon ringing in their head.
“She is the first African-American woman federal judge nominated by President Donald Trump”
Re: Federal judge partially blocks U.S. ban on noncompetes
#3> Judge Ada Brown of the U.S. District Court for the Northern District of Texas The shape of everything to come. I wonder when those in the techworld will hear that little klaxon ringing in their head. “She is the first African-American woman federal judge nominated by President Donald Trump” https://en.wikipedia.org/wiki/Ada_Brown_(judge)
> Brown was unanimously rated well-qualified by the American Bar Association.[23]
If the experts are fine with her, on what basis should we normies be concerned?
Re: Federal judge partially blocks U.S. ban on noncompetes
#4> "While this order is preliminary, the Court intends to rule on the ultimate merits of this action on or before August 30, 2024," she wrote.
> In its complaint, Ryan LLC accused the FTC of overstepping its statutory authority in declaring all noncompetes unfair and anticompetitive.
> Judge Brown agreed, writing, "The FTC lacks substantive rulemaking authority with respect to unfair methods of competition."
> Through a statement Wednesday evening, the FTC said its authority is supported by both statute and precedent.
I’m not entirely against this outcome. Things that have big impact or are controversial or are visible enough to warrant public discussion should just be acted on by congressional legislation rather than assumed executive authority.
That said I think noncompetes and similar restrictions on employees are too broad and go too far in practice. They are essentially anti competitive. Still, the main problem for competition is the size and capital of incumbent mega corporations, and not JUST their noncompetes. The FTC needs to do something about that.
Re: Federal judge partially blocks U.S. ban on noncompetes
#5> Judge Ada Brown of the U.S. District Court for the Northern District of Texas The shape of everything to come. I wonder when those in the techworld will hear that little klaxon ringing in their head. “She is the first African-American woman federal judge nominated by President Donald Trump” https://en.wikipedia.org/wiki/Ada_Brown_(judge)
> Brown was unanimously rated well-qualified by the American Bar Association.[23] If the experts are fine with her, on what basis should we normies be concerned?
Good point. There’s no sign at all in our culture of a complete breakdown of the concept of “experts” whereby everyone with a claim of academic or positional authority uses it in service of partisan wars.
Imagine how disillusioned the general public would be if something like that were to happen.
Re: Federal judge partially blocks U.S. ban on noncompetes
#6From TFA:
In its complaint, Ryan LLC accused the FTC of overstepping its statutory authority in declaring all noncompetes unfair and anticompetitive.
Judge Brown agreed, writing, "The FTC lacks substantive rulemaking authority with respect to unfair methods of competition."
They're certainly not wasting any time; the bloody corpse of The Chevron Doctrine is still warm.
This is the new reality. Every single decision, rule, finding, regulation, fee / fine, and press release will now be litigated by the courts.
The Roberts Court's campaign for judicial primacy has usurped all the power of the (executive branch's) administrative state.
Because of course federal policy is best determined by life time appointees (beholden to their plantation class patrons) and not the anti-corporate democracy loving common citizenry.
Prove me wrong.
Re: Federal judge partially blocks U.S. ban on noncompetes
#7> "While this order is preliminary, the Court intends to rule on the ultimate merits of this action on or before August 30, 2024," she wrote. > In its complaint, Ryan LLC accused the FTC of overstepping its statutory authority in declaring all noncompetes unfair and anticompetitive. > Judge Brown agreed, writing, "The FTC lacks substantive rulemaking authority with respect to unfair methods of competition." > Through…
IMHO we already have good evidence about the harm to corporations we can expect to see by banning non-competes. California banned them in 1941 and everybody can see how no big business, especially tech businesses, want to be in California.
Re: Federal judge partially blocks U.S. ban on noncompetes
#8I don’t like noncompetes but I don’t like unelected officials making economy-wide decisions even more.
Congress can do their job and pass laws. I’m tired of law making delegated to faceless bureaucrats.
Re: Federal judge partially blocks U.S. ban on noncompetes
#9I expected this to be boring but I almost choked on my coffee here
> ....enabling its competitors to poach valuable employees, whose knowledge and training would go out the door.
Thats the funniest thing I read all week.
Re: Federal judge partially blocks U.S. ban on noncompetes
#10> "While this order is preliminary, the Court intends to rule on the ultimate merits of this action on or before August 30, 2024," she wrote. > In its complaint, Ryan LLC accused the FTC of overstepping its statutory authority in declaring all noncompetes unfair and anticompetitive. > Judge Brown agreed, writing, "The FTC lacks substantive rulemaking authority with respect to unfair methods of competition." > Through…
IMHO we already have good evidence about the harm to corporations we can expect to see by banning non-competes. California banned them in 1941 and everybody can see how no big business, especially tech businesses, want to be in California.
California’s legislature declared that they were contrary to public policy. It wasn’t an executive or judicial decision nor should it be. In the American system the legislature is the policy making body as well it should be on account of being the most democratic.