Plaintiff's Non-compete Play 'Gives Pro-business Fans Reason to Celebrate'
Member Paul Huston was quoted by World IP Review in an article about how ATS Tree Services dropped its lawsuit against the FTC over the agency's controversial non-compete ban.
Paul said that the dismissal was tactical: "The plaintiff’s decision to dismiss is likely “strategic” to avoid conflicting with 'the national litigation plan' challenging the FTC’s ban on non-compete clauses, said Huston. He noted the success in both Ryan and Properties of the Village v FTC, where a Florida federal court also issued an injunction against the rule. Given that these litigations were proceeding 'favourably', Huston noted that it was likely that ATS 'stepped aside here to avoid giving the FTC positive precedent to rely on in future litigation.'"
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