Texas District Judge Ada Brown issued a decision on August 20 in response to competing motions for summary judgment filed by Ryan LLC, the U.S. Chamber of Commerce and the FTC in a case that challenged the FTC’s authority to...more
On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania issued a decision in ATS Tree Services, LLC v. FTC, which held that the Federal Trade Commission (FTC) had the authority to issue its...more
Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more
7/5/2024
/ Amicus Briefs ,
Biden Administration ,
Corporate Counsel ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
Injunctive Relief ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority
SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer.
The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Title VII
Intellectual Property Alternatives to Noncompetes is Part Three of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
Employment Law Alternatives to Noncompetes is Part Two of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
Current Developments in Regulating Noncompetes is Part One of BakerHostetler's three-part series, "Alternatives to Noncompetes.”
Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more
We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more
On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more
1/9/2023
/ Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Future Shock: How to Protect Trade Secrets When Noncompetes Become Truly Disfavored is the sixth and final installment of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more
1/27/2022
/ Antitrust Division ,
Biden Administration ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Litigation ,
Executive Orders ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Wage-Fixing
Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Yesterday, Today, Tomorrow is Episode one of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
On Sept. 10, 2021, the Biden administration announced its plans to mandate that employers with 100 or more employees implement vaccine requirements as a condition of employment. More specifically, the administration has...more
On July 9, 2021, President Biden issued a sweeping Executive Order aimed at promoting competition in the American economy. Within the Executive Order, President Biden specifically encourages the Federal Trade Commission (FTC)...more
In a win for businesses, on April 7, 2021, the U.S. Court of Appeals for the Eleventh Circuit held in Juan Carlos Gil v. Winn-Dixie Stores, Inc., that websites are not “places of public accommodation” under the Americans with...more
Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more
Courts in different jurisdictions take very different approaches to whether and under what circumstances noncompete agreements will be enforced. In fact, the laws with respect to enforcing these agreements differ by...more
Workplace health and wellness programs are becoming increasingly popular throughout the country, and this is not surprising at all, given how beneficial such programs can be for both employers and employees....more