NOTE: In our haste to inform the public of the ruling, our press release sent out to reporters on July 3, 2024 incorrectly stated that Judge Ada Brown’s ruling overturned the FTC noncompete ban. Instead, Judge Ada Brown’s ruling stayed the ban only for the parties in the case rather than scrapping the rule completely. We apologize for any confusion caused by our word choice. For a full breakdown of the ruling, see Matt Stoller’s BIG newsletter. Read the unedited press release below.
FOR IMMEDIATE RELEASE
Contact: Andrea Beaty, [email protected]
In response to Trump-appointed Judge Ada Brown’s decision that the Federal Trade Commission’s ban on noncompete agreements is unlawful, the Revolving Door Project issued the following research and statement on the former Trump officials who helped secure this decision.
The Revolving Door Project found that Ryan LLC, the plaintiff which sought to overturn the FTC’s noncompete ban, was represented by Trump’s Labor Secretary, Eugene Scalia via BigLaw firm Gibson Dunn. Additionally, Scalia’s former counselor at the Department of Labor, Andrew Kilberg, also represented the plaintiff on behalf of Gibson Dunn.
And there are more revolvers still — the Chamber of Commerce, which joined the suit with Ryan LLC as an intervenor, was represented by Trump’s former Solicitor General, Jeffrey Wall. He and fellow Sullivan & Cromwell partner Judson Littleton (a former trial attorney at the Department of Justice) joined the case as Pro Hac Vice for the Chamber. The Chamber’s in-house counsel Jordan Von Bokern was an official in the DOJ’s Office of Legal Policy during the Trump Administration.
Finally, former Deputy Director of the FTC’s Bureau Of Competition under the Trump administration, Gail Levine, represented the American Investment Council and other Amici Curiae in a brief arguing the noncompete ban would have “harmful effects” on the financial-services industry. Prior to joining the FTC under Trump’s former chair Joseph Simons, where she oversaw five divisions within the Bureau of Competition, Levine worked in-house for Uber And Verizon.
In response to Trump administration alumni championing corporate interests, Revolving Door Project Research Assistant KJ Boyle said: “Former Labor Secretary Eugene Scalia’s decision to join this case on behalf of corporate interests is indicative of Trump’s labor record and a continuation of Scalia’s anti-worker agenda. The FTC’s ban on noncompetes is a win for workers and the economy: it will raise wages, increase competition, and empower people to seek better working conditions. The prevalence of Trump administration revolvers fighting the FTC is further proof that Donald Trump stacked his executive branch with pro-business cronies, and will do so again if given the opportunity.”
Revolving Door Project Research Director Andrea Beaty said: “It is in no way surprising that the core legacy of former President Trump’s chosen executive branch officials is to use their experience in government to help corporations overturn regulations that protect Americans from corporate greed. When American workers face lower pay prospects due to unfair noncompete clauses, they will have Trump’s appointees to thank.”
Read the full research document at this link.
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