As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more
8/22/2024
/ Administrative Procedure Act ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Permanent Injunctions ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more
7/12/2024
/ Chamber of Commerce ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Risk Management ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission voted 3-2 to publish a proposed final rule that would ban nearly all worker non-competes. If the proposed final rule goes into effect, it will present a major legal change...more
Under the Biden administration, administrative agencies have taken aggressive action attempting to banish non-competes and similar agreements from the workplace. On January 5, 2023, the Federal Trade Commission (“FTC”)...more
On January 5, 2023, the Federal Trade Commission ("FTC") issued a Notice of Proposed Rulemaking proposing a "Non-Compete Clause Rule." If the proposed rule goes into effect as drafted, it would ban employers across the...more
On July 9, 2021, President Biden issued an Executive Order establishing 72 initiatives aimed at promoting competition in the American economy, lowering consumer prices, increasing worker wages and promoting innovation and...more
On June 3, the United States Supreme Court issued a 6-3 opinion resolving a circuit split over the meaning of “exceeds authorized access” under the federal Computer Fraud and Abuse Act (“CFAA”). The Court’s decision limits...more
The North Carolina Business Court recently issued an opinion considering whether a minority shareholder can ever be considered a “controlling shareholder” who owes a fiduciary duty to other shareholders. The court’s opinion...more
The North Carolina Business Court recently revisited the question of when a business’s customer-related information can be considered trade secrets. In Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc.,...more
The Delaware Supreme Court recently issued an important decision clarifying the standards that govern claims for money damages against independent directors of corporations whose charters contain exculpatory provisions....more
6/11/2015
/ Appeals ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Controlling Stockholders ,
Corporate Charters ,
Corporate Counsel ,
Corporate Liability ,
Damages ,
DE Supreme Court ,
Exculpatory Clauses ,
Fairness Standard ,
Fiduciary Duty ,
Independent Director ,
Motion to Dismiss ,
Standard of Review
The Fourth Circuit recently revived securities fraud claims against a pharmaceutical company, holding that the allegations that the company acted with wrongful intent were sufficient to proceed even under the heightened...more
When is an employer liable for workplace harassment of its employees by a customer, vendor or other third-party? In Freeman v. Dal-Tile Corp., decided on April 29, 2014, the United States Court of Appeals for the Fourth...more
In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more
On January 28, 2014, the North Carolina Business Court dismissed an unfair and deceptive trade practice claim alleging that corporate directors structured the sale of a corporation in a manner that shortchanged its common...more
On November 8, 2013, the North Carolina Supreme Court issued a rare opinion addressing the duties of corporate directors and reaffirming that those duties are generally owed only to the corporation itself rather than the...more
In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as...more