This week, Judge Ada E. Brown of the U.S. District Court for the Northern District of Texas in Ryan v. The Federal Trade Commission upheld a challenge by business groups to the FTC’s non-compete ban. In addition to confirming...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
Yesterday (July 23), a Pennsylvania judge—in ATS Tree Services, LLC v. Federal Trade Commission—upheld the legality of the FTC's non-compete ban. This ruling contradicts the ruling recently issued in a parallel proceeding in...more
On July 3, a Texas judge in the bellwether lawsuit, Ryan, LLC v. The Federal Trade Commission, became the first to weigh in on the legality of the FTC’s non-compete ban that is set to take effect on September 4. As was widely...more
May 29, in Ryan, LLC et al. v. The Federal Trade Commission, the FTC filed its response in opposition to Plaintiffs’ request to stay/enjoin the FTC Rule banning non-competes from taking effect on September 4. The Court has...more
Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC...more
5/9/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for...more
5/1/2024
/ Chamber of Commerce ,
Competition ,
Confidential Information ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
FTC Final Rules Banning Non-Competes Vote Next Tuesday -
As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements,...more
Last week, in our blog post entitled Reopening the Economy and Getting Back to Business: Business Owners’ Liability Risk When Dealing with Customers and Others, we talked about the various considerations and risk mitigation...more
While the “right” time to open the economy is hotly debated, many states have made the decision that it is time to get back to business. That means that businesses will be opening while there is still a continuing risk of...more
While the “right” time to open the economy is hotly debated, many states have made the decision that it is time to get back to business. That means that businesses will be opening while there is still a continuing risk of...more
5/4/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
False Advertising ,
Liability Insurance ,
Misrepresentation ,
Negligence ,
Policy Terms ,
Premises Liability ,
Re-Opening Guidelines ,
Risk Mitigation ,
Standard of Care
Medicaid is a shared federal and state program. Federal and state dollars are combined so states can furnish Medicaid health coverage to poor and disabled Coloradans including many who need nursing facility care. ...more
Recently, a hospital was sued for negligent hiring after one of its surgical technicians exchanged a vial of saline solution for a vial of painkiller before a surgery was set to commence. ...more
On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this...more
Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees.
On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative,...more
On Monday, the Supreme Court of the United States issued two important opinions for employers facing liability and retaliation claims brought under Title VII of the Civil Rights Act of 1964 ("Title VII")....more
6/26/2013
/ But For Causation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Race Discrimination ,
Religious Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
On Tuesday, May 28, the Colorado Supreme Court held in State v. Lobato that the state's public school financing scheme meets the Colorado constitution's requirement for a "thorough and uniform" funding system, thus reversing...more
On May 7, a three-judge panel of the United States Court of Appeals for the District of Columbia unanimously struck down a rule of the National Labor Relations Board ("NLRB") that would have required employers to post a...more
On April 25, 2013, the Colorado Court of Appeals held that the Colorado Lawful Activity statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. But one...more
Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring...more
Today, the United States Court of Appeals for the District of Columbia struck down a National Labor Relations Board ("Board") decision on the basis that the Board issuing the decision could not act lawfully, as it did not...more