Breaking News: FTC Finalizes Nationwide Noncompete Ban
Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include..… more
Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include..… more
Neues Solarpaket der Bundesregierung, neue Emissionsreduktionsziele der EU-Kommission, Sanierungs- und Solarpflicht für Gebäudeeigentümer, klimaneutrales Heizen, CO2-Abgaben, etc. – der Gebäudesektor steht aufgrund seiner bedeutenden… more
Powerful ideas emerge when you look at something through a completely different lens. And when two parties come together to share those unique perspectives? That’s when the magic happens. Womble Bond Dickinson’s virtual summit –… more
Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”) on August 23, 2019, to facilitate the reorganization of smaller business debtors in the United States. The SBRA, codified as Subchapter V of Chapter 11 of the… more
The Federal Trade Commission, voting 3-2 along party lines, adopted a Final Rule banning non-compete agreements. The Final Rule allows some narrow exceptions (based both on time and circumstances) but prospectively prohibits… more
Over the course of the past seven years, the U.S. Department of Labor has made repeated attempts to increase the number of exempt American employees who are eligible for overtime under the Fair Labor Standards Act (FLSA) — some… more
FINRA, as part of its targeted exam of member firms’ social media practices for gaining new customers, recently announced an $850,000 fine against M1 Finance LLC (“M1 Finance”) stemming from promotional social media posts made by… more
On April 19, 2024, BIS removed almost all controls over exports and reexports to, and transfers within, Australia and the United Kingdom of items subject to the EAR. The action is the first change to U.S. export control regulations to… more
The Centers for Medicare & Medicaid Services (CMS) recently proposed the Transforming Episode Accountability Model (TEAM) – a new, mandatory, episode-based alternative payment model in the Fiscal Year 2025 Hospital Inpatient… more
Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight states’… more
On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of 1972, a… more
The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of March… more
Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the Asbestos… more
A new proposed rule issued by the Committee on Foreign Investment in the United States (CFIUS) seeks to expand the scope of information that CFIUS can request from parties, expand its ability to monitor and investigate non-notified… more
In the early morning of March 26, the Singapore-registered container ship MV Dali, after losing power, collided with a main pier of the Francis Scott Key Bridge that spans the Patapsco River and the outer Baltimore Port in Baltimore… more
Key Points - On Thursday, the UK government announced its intention to improve the workings of the NSIA, “ in these dangerous and uncertain times [when] our economy is increasingly the target for our adversaries.” In November 2023, the… more
On April 9, 2024, the U.S. Department of Transportation published its Final Rule to the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) programs. The Final Rule is the most significant overhaul to the DBE… more
Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International… more
Key Points - On April 17, 2024, based on a determination by the U.S. government that Nicolás Maduro and his representatives “have not fully met the commitments made” with respect to upcoming Venezuelan elections, the U.S. Department… more
The real estate sector is looking ahead with more optimism, as interest rates peak and a clearer picture forms on valuation and future financial performance - Key sections - Section 1: Market overview and outlook Section 2:… more
On April 17, the U.S. Supreme Court rendered an opinion in Muldrow v. City of St. Louis resolving a circuit split over what standard an employee challenging a transfer under the anti-discrimination provision of Title VII must meet. In… more
On March 13, 2024, Utah Governor Spencer Cox signed Utah State S.B. 149, the Artificial Intelligence Policy Act (the AI Act) into law, which amends the Utah consumer protection and privacy laws to require disclosure, in certain… more
PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as… more
Over the past few months, the Securities and Exchange Commission (the "SEC") has issued several warnings to companies to ensure accurate disclosure of the role and risks of artificial intelligence ("AI") in their businesses. In recent… more
On April 4, 2024, the Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) officially published its Notice of Proposed Rulemaking (NPRM) detailing significant new cybersecurity reporting… more
Recently, the Consumer Financial Protection Bureau (CFPB or Bureau) submitted letters to senators in Connecticut and California supporting their proposals to prohibit medical debt reporting… more
The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US… more
As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental Protection… more
Since the enactment of the Monetary Authority (Administrative Fines) (Amendment) Regulations (2022 Revision) (the “Fines Regulations”), the Cayman Islands has witnessed a continuous increase in the number of administrative fines handed… more
On April 23, 2024, the Federal Trade Commission issued a broad Final Rule that effectively bans noncompete clauses nationwide. The FTC states that noncompete clauses are an unfair method of competition and violate Section 5 of the… more
On April 16, 2024 (“Budget Day”), the federal government released its annual budget (“Budget 2024”), which includes certain sales and excise tax measures and also confirms the government’s intention to proceed with several other… more
The Federal Trade Commission voted 3-2 today to approve a final rule banning non-compete agreements nationwide. The rule is slated to go into effect 120 days after its published in the Federal Register… more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC issued a… more
The Office of the National Coordinator for Health Information Technology (ONC) released the anticipated Common Agreement Version 2.0 on April 22, 2024. Since 2016, the ONC has been working to implement the requirements of the 21st… more
On April 23, 2024, the Federal Trade Commission (FTC) approved on a split vote a proposed rule that bans virtually all employment noncompetition agreements nationwide. The rule was first proposed in 2023 and is scheduled to go into… more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that, once effective, will ban noncompetition (“non-compete”) agreements nationwide. The rule, which becomes effective 120 days after publication in… more
The government released proposed regulations this month implementing the excise tax imposed on repurchases of corporate stock that was enacted in 2022. Although these regulations provide some welcome clarity as to the scope of the tax… more
Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on April 25, 2024, as well as a forthcoming meeting to be held on May 13, 2024, pursuant to the respective sunshine notices… more
On April 18, 2024, the US Department of Health and Human Services (HHS) Health Resources and Services Administration (HRSA) issued the long-awaited 340B Administrative Dispute Resolution (ADR) Final Rule. The final rule represents the… more
The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”… more
On Tuesday, April 23, the United States Department of Labor issued its anticipated Final Rule on the Fair Labor Standards Act salary requirements for overtime exemption. The Final Rule, which will likely face legal challenges… more
This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for March 2024. We summarize a US Court of Appeals for the Second Circuit decision interpreting the intent standard under the federal Anti-Kickback… more
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the expansive… more
It seems like year-after-year, attempts are made to reform or repeal California’s rent control regulations, namely the Costa-Hawkins Rental Housing Act (Civ. Code §§ 1954.50 et seq.) (Costa-Hawkins Act). 2024 has proven to be no… more
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the… more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of… more
In the rapidly evolving landscape of digital health, gamification has emerged as a powerful tool to enhance patient engagement and improve health outcomes. In the fifth episode of Sheppard Mullin’s Health-e Law Podcast, Craig Lund… more
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that began in… more
The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural isomers—as… more
Under the Consolidated Appropriations Act of 2021 (“CAA”), employer-sponsored group health plans, including medical-only plans, must submit information about their prescription drugs and health care spending. This submission is often… more
On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive… more
As has been expected, and as we addressed at the end of 2023 in our previous blog post, on April 23, the U.S. Department of Labor (“DOL”) at long last issued its final rule raising the salary thresholds for overtime exemptions… more
On April 19, 2024, the Department of Education released final Title IX regulations. The significant revisions expand the definition of sexual harassment, attempt to remove barriers to reporting sexual harassment and extend protections… more
Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess more… more
On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did not result… more
The Commonwealth cannot find common ground on cannabis. In the latest in another volley in the back and forth between the Virginia Legislature and governor’s office, Gov. Glenn Youngkin recently vetoed a bill that would have permitted… more
In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and support… more
On April 15, 2024, the Department of Justice’s (DOJ’s) Criminal Division unveiled a new Pilot Program on Voluntary Self-Disclosures for Individuals that offers non-prosecution agreements (NPAs) to individuals who voluntarily disclose… more