KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Predictions for FTC non-compete rule implementation July 8, 2024 ************************* Predictions for FTC non-compete rule implementation ************************* We still don’t know the final word on the FTC non-complete ban that is scheduled to go into effect in September 2024. While I predicted it was unlikely to become effective then, or ever, that prediction became even more likely when the US Supreme Court stroke down what is called the “Chevron Deference”. In simple terms the Chevron case over 40 years ago since 1984 held that judges should give deference to administrative agencies when interpreting statutes. Just like the FTC deciding non-competes violate laws [I won’t bother to figure out which ones]. The FTC ruling has already been challenged. The judges hearing the challenges would have been faced with the FTC argument that it, not the judge, should interpret the laws and the judge should give “great deference” to what the FTC thinks the law should be. Of course the FTC, like other administrative agencies, [those in Wash DC and those in every state capital] are really a collection of people who collectively comprise the makeup of Big Brother. They are not elected; they are, for the most part, unknown, but over the past decades have lead the body of laws and enforcement in the US down what is commonly called a “liberal path”. The US Supreme Court has ended the Chevron rule. The case just decided, Loper Bright Enterprises v Raimondo, rejected and overturns Chevron and ends what the New York Law Journal writes that conservative scholars, judges and business groups describe as “the unfair advantage enjoyed by federal bureaucrats in fights over regulations surrounding the environment, the financial sector, health care cases and other entities”. Justice Kagan, one of the liberal dissenting justices complained that the decision “put judges in control of “every sphere of government and “to expect courts, and in particular this court [the US Supreme Court], to play a leading role” in public policy fights. “It puts courts at the apex of administrative process as to every conceivable subject”. Kagen forgot to also mention that judges may have to do their job. The majority Justices agreed with Chief Judge Roberts that “Administrative Procedure Act requires courts to exercise their “independent judgment “in deciding whether an agency has acted legally” Ultimately I think the FTC rule will be found unenforceable, but I’m not the judge. ************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
