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The Dallas Morning News

May 6, 2024

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Coale’s Dallas Morning News Column Considers the FTC’s Noncompete Rule Challenge to the 5th Circuit

LPHS’s Partner David Coale’s most recent column in The Dallas Morning News discusses the Federal Trade Commission's recent rule banning noncompetition agreements. This new rule has sparked legal challenges in conservative courts such as the U.S. Court of Appeals for the Fifth Circuit, which has historically been skeptical of government regulatory power while advocating for free market principles.

Mr. Coale explains in his column that this ideological tension poses a distinct challenge for this court to reconcile. He writes:

“Graceful handling of these issues could affect more than the law of noncompetition agreements. It can provide a thoughtful example of how to compromise when strongly held beliefs are at issue. In a time of pervasive partisanship, that positive example could help guide many other difficult discussions that we need to have in our complex society.”

To read the complete commentary, visit The Dallas Morning News.