In the pending lawsuits in the U.S. Fifth and Eleventh Circuit Courts of Appeal over the Biden-era Federal Trade Commission’s (FTC) final rule banning most noncompete agreements, the FTC has filed motions (Fifth Circuit Motion available here and Eleventh Circuit Motion available here) requesting a 120 day pause in the cases to allow time for the newly-appointed Trump FTC to consider whether it wants to continue defending the final rule. President Trump’s new FTC Chair Andrew Ferguson has already made clear that the agency plans to meet to decide whether to rescind this final rule.
