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The FTC Bans Noncompetes? Not So Fast…

On April 23, 2024, the Federal Trade Commission voted to issue a final rule that bans nearly all noncompete agreements in the employment context. Although the rule is scheduled to go into effect 120 days after it is published...more

Increased Scrutiny and Punishment for Corporate Executives for Antitrust Violations

On February 19, 2016, an antitrust official with the U.S. Department of Justice (DOJ) announced the agency’s increased emphasis on individual accountability, and a renewed commitment “to holding accountable the highest-level...more

Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts

Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

Under Construction - June 2013: Utah’s Anti-Indemnification Statute and Additional Insured Provisions

In Utah, an agreement to indemnify in a construction contract is governed by Utah’s anti-indemnification statute, Utah Code Ann. § 13-8-1. Utah’s anti-indemnification statute defines an “indemnification provision” as an...more

Under Construction - June 2013

Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects,...more

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