Monthly Archives

July 2024

McCoy Russell Presenting at NFPA Convention

McCoy Russell is pleased to be presenting at the 2024 National Federation of Paralegal Associations (NFPA) Annual Convention in September. This event provides a wide variety of Continuing Legal Education sessions, including meetings & workshops, and networking with fellow paralegals & industry professionals from across the country.

Presenting on “Brand Clearance and Filing and Online Enforcement of Branding”, McCoy Russell Partner Anna McCoy will provide insights into navigating the complexities of brand clearance decisions and the filing process and will highlight risks and strategies to limit risk exposure with adoption of short-term branding and advertising.  She will also outline ways to develop a strategy for protection of longer-term product name adoption. Additionally, she will explore the pivotal role of trademark registrations in online brand enforcement, encompassing third-party marketplaces and social networking platforms. McCoy Russell aims to equip attendees with actionable tactics to bolster brand protection in an increasingly digital landscape.

Update on FTC’s Ban on Non-Compete Agreements

McCoy Russell previously covered the Final Rule issued by the Federal Trade Commission (FTC) that invalidates non-compete clauses in standard employment agreements across the United States. The new regulation, detailed in 16 C.F.R. § 910, mandates that employers notify both current and former employees that existing non-compete agreements are now void.

In response to this rule, Ryan, LLC, a tax software and services company, along with several associations including the U.S. Chamber of Commerce, challenged the FTC’s authority to issue such a rule. On July 3, 2024, the Northern District of Texas granted a preliminary injunction against the FTC, citing that the FTC lacks substantive rulemaking authority concerning unfair methods of competition. The preliminary injunction prevents the FTC from enforcing its rule against the plaintiffs in this particular case. The court’s injunction does not necessarily extend to everyone, limiting its scope to the named plaintiffs only.

Considering the limited scope of the injunction, other companies are still obligated to comply with the FTC’s rule by September 4, 2024. This means employers should prepare to notify their employees and adjust their practices in accordance with the new regulation, or consider their own challenge.

McCoy Russell continues to monitor the ongoing legal battles to help inform clients that may need to navigate these changes carefully. The firm will continue to post about the latest court decisions when updates are available.