On April 23, 2024, the Federal Trade Commission (FTC) approved, by a 3-2 vote, a final rule that would void and ban nearly all employee non-compete agreements in the United States. The rule will take effect 120 days after it is… more

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States. Despite more than… more

On April 23, 2024, the United States Federal Trade Commission (“FTC”) issued a Final Rule (the “Final Rule”) that would prohibit the use of non-compete clauses with most American workers..… more

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA). As noted in AFS’s previous alerts (here and here)… more

In the realm of litigation, the management of electronically stored information (ESI) is a pivotal component that can significantly influence the trajectory and outcome of a case. The recent ruling in Doe LS 340 v. Uber Technologies… more

On April 23, 2024, by a 3-2 straight party-line vote, the Federal Trade Commission issued a Final Rule banning virtually all non-compete agreements. The new rule does contain limited exceptions for existing non-compete agreements for… more

The U.S. Equal Employment Opportunity Commission (EEOC) unveiled final regulations and guidance on the new federal Pregnant Workers Fairness Act (PWFA). The final regulations and guidance contain detailed guidance to help employers… more

Recently there has been an increase in offers and notices from companies not associated with the U.S. Patent and Trademark office (PTO)..… more

The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and courts’… more

On April 17, 2024, the U.S. Supreme Court held that an employee need not show “significant” harm when pursuing a discrimination claim under Title VII of the Civil Rights Act of 1964 when the claim is based on a mandatory job transfer… more

Delaware Supreme Court rejects attempt to limit MFW to controller buyout transactions. Supreme Court instead holds that all of MFW’s requirements for shifting the standard of review from entire fairness to business judgment rule… more

USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National… more

Fine art insurance policies offer coverage for highly valued works of art. In the world of insurance, anything that has value beyond its function and intrinsic properties can be considered “Fine Art.”… more

On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from entering… more

Federal Agency Charged That Delivery Company Assigned Black Drivers to More Dangerous and Arduous Work - CHICAGO – Delivery company DHL will pay $8.7 million and be subject to the oversight of a court-appointed monitor to settle a… more

As Bradley previously reported, the FTC at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of the FTC Act… more

Ever since strongman Hugo Chavez assumed power in Venezuela in 1999 and began moving the country toward an authoritarian, socialist model, the collapse of the economy has been offset by income generated from the presence of huge oil… more

On April 18, 2024, the New York Court of Appeals (New York’s highest appellate court) issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, --- N.E.3d ---, 2024 WL 1661460 (Apr. 18, 2024) in which it held that an… more

On April 15, 2024, Gurbir S. Grewal, Director of the SEC’s Division of Enforcement, spoke at a compliance and enforcement conference regarding the challenges and potential missteps associated with the increased use of artificial… more

As provided in the Inflation Reduction Act (IRA), eligible taxpayers may make a yearly election to transfer all (or any portion) of an eligible credit to an unrelated taxpayer under Section 6418 of the Internal Revenue Code, provided… more

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to assist in… more

In a move long anticipated by 340B Program participants, the Department of Health and Human Services (HHS) recently published its finalized 340B Administrative Dispute Resolution (ADR) rule, establishing formal processes for resolving… more

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law. Effective July 1… more

On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC first… more

On April 17, Nebraska Governor Jim Pillen signed into law the Nebraska Data Privacy Act (the Act), making Nebraska the seventeenth state to enact general consumer data privacy legislation. The Act largely, but not completely, tracks… more

The United States Environmental Protection Agency (“EPA”) addressed in a March 22nd letter questions it was asked regarding the application of the Resource Conservation and Recovery Act (“RCRA”) to pharmaceutical hazardous… more

Streamline and automate your process around matter updates — and ensure that your matter management system acts as the single source of truth for all of your legal data. We’ve referred to matter management before as an… more

On Tuesday, the U.S. Department of Labor (DOL) released a final rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," which significantly raises the salary… more

On Tuesday, April 23, 2024, the U.S. Department of Labor (“DOL”) announced its final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which… more

NEW YORK, April 23, 2024 – Leading international law firm Proskauer today announced a 1.84% overall default rate for Q1 2024 for loans in its Private Credit Default Index (the “Index”). The Index tracks senior-secured and unitranche… more

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is expected to… more

The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases… more

On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward. The rule, which would create a new regulation at 16… more

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that a… more

Casino Resort Settles Charges That It Failed to Provide Reasonable Accommodations to Employees With Disabilities - LAS VEGAS – DTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC, which operate the Downtown… more

In response to abundant press reports of injury rates in warehouse and distribution centers, Washington State has joined New York and California in enacting a new law, House Bill (HB) 1762, regulating employers’ use of production… more

Key Points - EPA designates PFOA and PFOS as hazardous substances under CERCLA. The congressional response includes expressions of concern about the breadth of the rule and its impact on “innocents.” The rule has spurred the… more

Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep- resent a… more

The U.S. Equal Employment Opportunity Commission's (EEOC) issued its much-awaited final rule implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The PWFA requires employers to provide pregnant workers or workers… more

The Biden Administration recently issued an Executive Order aimed at protecting American’s sensitive information and certain US Government data from threats posed by foreign actors. Of note is the Order’s focus on data brokers that may… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule, slated for… more

On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of employers’… more

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule prohibiting non-compete clauses in all agreements between employers and their workers. This controversial ban comes one year and six months after the FTC’s… more

You may recall last summer, we mentioned the future of non-competes was murky at best after the Federal Trade Commission (FTC) announced a proposed rule to ban all non-competes in January of 2023. Yesterday, we learned the FTC voted… more

The Federal Trade Commission (FTC) issued the long-awaited Non-Compete Final Rule that prohibits all new non-compete agreements and renders all existing non-competes unenforceable, except in limited circumstances. These restrictions go… more

Das Bundesministerium der Finanzen (BMF) hat am 5. April 2024 einen Referentenentwurf für zwei Rechtsverordnungen veröffentlicht, die den Übergang der nationalen Krypto-Regulierung in das europäische MiCAR-Regime erleichtern sollen… more

देश से बाहर हेज फंड स्थापित करने के मामले में केमैन आइलैंड का नाम दुनिया में पहले नंबर पर आता है। इसका टैक्स-न्यूट्रल प्लेटफॉर्म, स्थिर अर्थव्यवस्था, व्यवहार-कुशल बैंकिंग क्षेत्र, गोपनीयता और पेशेवर वित्तीय सेवा उद्योग ये तो बस कुछ… more

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online terms of… more

On 1 February 2024, Kawaley J handed down a judgment in the case of In re G Trust (Cause No. FSD 270 of 2023) in which he commented on some of the key features of Cayman Islands STAR trusts contained in Part VIII of the Trusts Act… more

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. Rules Governing Director Review of Patent Trial and… more

Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by the… more

The upcoming election, and the approaching end of the President’s four-year term, introduce additional dynamics into the agencies’ rulemaking process and even the guidance process. From now through the November election, the Biden… more

The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a pipeline… more

In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on their… more

Our clients report that addressing and preventing burnout for their physicians and other caregivers continues to be a critical priority in the aftermath of the pandemic. Healthcare organizations need high functioning, engaged… more

With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to such… more

On April 23, 2034, the Federal Trade Commission (FTC) issued a final rule intended to ban the use and enforcement of most non-compete clauses signed by workers. The new rule is not in effect yet. It will become effective 120 days… more

On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate Section 5… more