Erik W. Weibust, Member of the Firm in the Litigation & Business Disputes and Employment, Labor & Workforce Management practices, in the firm’s Boston office, was quoted in Law360, in “Noncompete Rule Challenge Gets More Backing,” by Matthew Perlman. (Read the full version – subscription required.)
Following is an excerpt:
A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
Nearly a dozen national and international trade associations filed a joint amicus brief in Texas federal court on Tuesday supporting efforts in a case from tax services and software company Ryan LLC to prevent the noncompete rule from taking effect while the litigation plays out.
The 11 trade groups that signed on to the brief include the National Retail Federation, the International Franchise Federation, Associated Builders and Contractors Inc. and the Home Care Association of America. …
An attorney for the groups, Erik W. Weibust of Epstein Becker & Green PC, told Law360 on Wednesday the organizations represent "tens of thousands of employers of all sizes across virtually every industry in the U.S. economy."
Weibust said the brief makes clear that "even if the FTC had the authority to ban noncompetes, which it does not, its final noncompete rule is based on data that the FTC cherrypicked to support its majority's preferred policy outcome while ignoring or summarily dismissing all evidence to the contrary."
"It is a classic case of arbitrary and capricious rulemaking," he added.
The U.S. Chamber of Commerce intervened in the case last week after a court paused a similar case from the Chamber and encouraged the group to join Ryan's suit, which had been filed a day earlier. …
The trade group associations are represented by Erik W. Weibust, Katherine G. Rigby, A. Millie Warner, Edward J. Loya Jr. and Carolyn O. Boucek of Epstein Becker & Green PC.
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