What The End Of Chevron Means For FTC Rulemaking

Herrick partner, John H. Chun, spoke with Law360 about how the Supreme Court's landmark decision to end Chevron could impact the Federal Trade Commission's ("FTC") recent ban on non-compete agreements.

The article noted that Loper Bright may not significantly impact the outcome of the FTC's nationwide non-competes ban, a regulation that critics on and off the commission have long argued exceeds the FTC's regulatory authority. Chevron, according to John, could have provided at least a limited "lifeline" for the choppy waters facing the non-competes ban. But then came Loper Bright. "The slim chance of the rule ultimately becoming enforceable got slimmer," John explained.

Read the full article in Law360 here. Access may require a subscription.