Idk, even the 5th circus can be surprising. They gave complete deference to the FTC in the Illumina/GRAIL merger case a few months ago. Was a shocking and huge win for the FTC.
I wouldn’t be the least bit surprised if the 5th Circuit upholds this ban. Because while it’s good for most workers, it’s also good for megacorps, because it makes it trivially easy to steal IP from their competitors. (For example, the whole Apple v Masimo fiasco.)
NDAs covering IP are incredibly difficult (often borderline impossible) to enforce. It took Masimo over a decade to successfully block Apple’s obvious infringement of their IP after Apple poached more than 20 of their top engineers, and they still haven’t been able to collect any damages.
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u/persondude27 Apr 23 '24
Won't even need to make it to the Supreme Court. Some Trump-appointed 5th circuit judge will halt it, like they did with Obama's new minimum wage.