The U.S. District Court for the Northern District of Texas's decision in Ryan LLC v. FTC, set aside the Federal Trade Commission's (FTC) nationwide non-compete ban. In the wake of that ruling from Texas, employers across the country can breathe a sigh of relief, knowing that the ban did not go into effect on Sept. 4, 2024. But any respite may be temporary because of the uncertainty of the litigation process.

In addition, other federal and state enforcement and legislative pushes may impact the ability of employers to enter into, maintain, and enforce non-compete agreements. We highlight several of these possibilities and what employers may anticipate moving forward.