For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to...more
9/10/2024
/ Competition ,
Debt Financing ,
France ,
Interest Rates ,
Leveraged Buyout ,
Presidential Elections ,
Price Inflation ,
Private Equity ,
Regulatory Standards ,
UK ,
Valuation
On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers.
The...more
On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more
In April 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced a Final Rule that would prohibit nearly all existing and future non-compete agreements between employers and workers, subject to specified...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive...more
6/28/2024
/ Compliance ,
Employment Discrimination ,
France ,
Harassment ,
Human Resources Professionals ,
Internal Investigations ,
Leave of Absence ,
Remote Working ,
SCOTUS ,
UK ,
Unions ,
Workplace Safety
Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII....more
5/7/2024
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Arbitration ,
Bissonnette v LePage Bakeries Park St LLC ,
Civil Rights Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Transfers ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Harassment ,
Lactation Accommodation ,
LGBTQ ,
Muldrow v City of St Louis ,
Over-Time ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship
After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more
3/13/2024
/ Adverse Employment Action ,
Broker-Dealer ,
California Privacy Rights Act (CPRA) ,
CFTC ,
Compliance ,
Employee Misconduct ,
Employee Rights ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Social Media ,
Surveillance
At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more
3/5/2024
/ Compensation ,
DE Supreme Court ,
Disclosure Requirements ,
Enforceability ,
Federal Bans ,
Federal Trade Commission (FTC) ,
France ,
Jurisdiction ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Restrictive Covenants ,
Statute of Limitations ,
UK
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
2/29/2024
/ ADEA ,
Adverse Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
EEO ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
Whistleblower Protection Policies
The Delaware Chancery Court has issued yet another decision invalidating restrictive covenants, continuing a trend of recent decisions in which the court has refused to “blue-pencil,” or modify, covenants. In Sunder Energy,...more
In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more
The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more
Background -
The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more
Repetition is not always a rhetorical virtue. Delaware entities seeking to enforce non-compete provisions exclusively in Delaware courts have now been warned: Including non-compete agreements in employment contracts with...more
As the U.S. begins to relax nationwide shutdown orders and business restrictions, employers are faced with new legal challenges when planning to reopen. This Q&A discusses key issues employers should consider in formulating...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Labor Laws ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Assessment ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Safety
The coronavirus pandemic has had an enormous impact on how businesses operate around the world. To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s...more
4/3/2020
/ Business Closures ,
Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
France ,
Germany ,
Hiring & Firing ,
Holiday Pay ,
International Labor Laws ,
Paid Leave ,
Redundancy Dismissals ,
Redundancy Payments ,
Remote Working ,
Sick Pay ,
Social Insurance Contributions ,
UK ,
United States ,
Workplace Safety
In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more
1/7/2020
/ Arbitration ,
Auer Deference ,
Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email Policies ,
Internal Investigations ,
NLRA ,
NLRB ,
Purple Communications ,
Reversal ,
Section 7 ,
Unfair Labor Practices ,
Union Dues ,
Union Elections ,
Union Insignia ,
Unions
The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more
10/16/2019
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Certiorari ,
Class Action ,
Corporate Counsel ,
Defined Benefit Plans ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Investment Funds ,
Overfunded Plans ,
Pleadings ,
Retirement Plan ,
Retirement Plans Committee of IBM v Jander ,
SCOTUS ,
Split of Authority ,
Standard of Review ,
Standing ,
Statute of Limitations ,
Thole v U.S. Bank
On April 25, 2019, Judge Tanya Chutkan of the United States District Court for the District of Columbia ordered that mid-size and large employers (i.e., private employers, including federal contractors, with 100 employees or...more
5/1/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
OMB ,
Order to Lift Stay ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
Stays ,
Wage and Hour
A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Savings Clause ,
SCOTUS ,
Section 7
In a decision with substantial implications for Securities and Exchange Commission ("SEC" or "Commission") enforcement, on February 21, 2018, the U.S. Supreme Court unanimously narrowed the scope of anti-retaliation...more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes -
Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more
1/10/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Protected Concerted Activity ,
Reversal ,
Section 7 ,
Social Media Policy ,
Trump Administration
The U.S. Securities and Exchange Commission (“SEC” or the “Commission”) recently announced the settlement of two cease-and-desist proceedings against employers alleged to have unlawfully restricted employees’ rights to engage...more
8/19/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblowers
In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ...more