Labor & Employment Antitrust & Trade Regulation

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Hidden Pitfalls of Old Non-Compete Provisions

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

Most Staffing and Recruiting Industry Non-Compete Agreements Unenforceable [Video]

Florida competition lawyer Jonathan Pollard discusses non-compete agreements in the staffing industry. The upshot: The vast majority of recruiting and staffing industry non-compete agreements are utterly unenforceable. ...more

Florida Non-Compete Litigation: Responding to Cease & Desist Letters [Video]

In this video, Jonathan Pollard discusses strategies for responding to cease and desist letters in non-compete disputes. Jonathan represents both plaintiffs and defendants in non-compete disputes and non-compete...more

Enforcing Florida Non-Compete Agreements [Video]

Fort Lauderdale, Florida competition lawyer Jonathan Pollard discusses enforcing non-compete agreements under Florida law. When viewed along a spectrum with other states, Florida is aggressively pro-non-compete. Because...more

Employee Poaching & Raiding Part II (Absent Restrictive Covenants)  [Video]

Employee poaching and raiding - particularly taking several employees from a rival - creates unique exposure for the hiring company. Exposure for employee poaching and raiding can be divided into two separate categories. ...more

Senators Reintroduce Bill to Protect Antitrust Whistleblowers

On July 22, 2015, the Senate unanimously passed a bill that aims to protect whistleblowing employees who report antitrust violations from retaliation by their employers. The Criminal Antitrust Anti-Retaliation Act of 2015...more

Senate Passes Another Criminal Antitrust Anti-Retaliation Act July 2015

Last Wednesday, the Senate passed with unanimous consent the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) after minor tweaks to two definitions. CAARA provides anti-retaliation protection to whistleblowers who...more

DL Cycles, LLC v. Paul Mazurek

Consent Final Judgment & Permanent Injunction

In this case, our client DL Cycles, LLC d/b/a Trek Bicycles Florida sued its former regional manager, Paul Mazurek, for breach of various restrictive covenants. After separating from Trek, Mazuek went to work a competing...more

Senate Extends Employee Whistleblower Protection to Antitrust Violations

On July 16, 2015, the U.S. Senate Judiciary Committee, which has exclusive jurisdiction over federal antitrust laws, unanimously passed bipartisan legislation to extend federal whistleblower protections to employees who...more

Antitrust Whistleblower Protection Bill Introduced In Senate (Again)

On June 17, 2015, members of the Senate Judiciary Committee introduced the Criminal Antitrust Anti-Retaliation Act of 2015 (Act), a bill that proposes whistleblower protection for employees who provide information to the...more

iPathology, LLC v. Arfaras et. al.

Answer, Affirmative Defenses, Counterclaims & Third Party Claim

We do a great deal of work defending complex non-compete cases. This is one of them. This case arose out of the break-up of a business partnership called iPathology. iPathology was, as the name suggests, a pathology lab....more

June Whistleblower Digest | Does Your Ethics Training Adequately Cover Anti-Retaliation?

Pop quiz: what are the three criteria the SEC stated they would hold a chief compliance officer accountable for? Well, I admit that was a trick question, because even if you got them right, the SEC is ruffling feathers by...more

FTC Clarifies Native and Online Ad Obligations

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage...

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

FTC Provides Annual Financial Acts Enforcement Report to CFPB and Federal Reserve

On June 9, the FTC announced that it has provided to the CFPB its 2014 Annual Financial Acts Enforcement Report. The report highlights the FTC’s enforcement, research, rulemaking, and policy development activities with...more

FTC provides 2014 enforcement report to CFPB

The Federal Trade Commission has provided its annual Financial Acts Enforcement Report to the CFPB covering the FTC’s enforcement activities in 2014 related to compliance with Regulation Z (Truth in Lending), Regulation M...more

New Insights from FTC on Its Endorsement Guides to Reflect Continued Focus on Disclosures

After the FTC revised its Guides Concerning the Use of Endorsements and Testimonials (the “Guides”) in 2009, it followed up with a set of frequently asked questions entitled “What People Are Asking” (the “FAQs”) to address...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by...more

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

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