On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all… more

On April 24, 2024, President Biden signed a sweeping foreign aid package into law. Tucked into the law is a slightly amended version of the “Protecting Americans from Foreign Adversary Controlled Applications Act” (the Act), which will… more

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer 2024… more

If an issuer of a securities wishes to generally advertise their private offering of securities, they can do so under Rule 506(c) of Regulation D of the Securities Act of 1933, which would exempt the offeror from registration under the… more

USCIS has released the new Form N-400, Application for Naturalization. The new form must be used to file starting June 3, 2024. Among the form’s various changes, two are particularly notable: 1. Social Security Update: Applicants… more

The U.S. District Court for the Northern District of Texas recently dismissed certain claims brought by a reinsurer related to its efforts to audit an insurer’s broker… more

Early last year, the U.S. Federal Trade Commission (“FTC”) proposed a rule banning non-compete agreements nationwide. Yesterday, the FTC voted 3 to 2 in favor of adopting this rule… more

We previously blogged on the lawsuit filed by the National Small Business Association (“NSBA”) and one of its individual members, which sought to challenge the constitutionality of the Corporate Transparency Act (“CTA”). Most recently… more

In Part 1 of Top Tips for University Spin-Outs, our Technology Companies Group set out their top tips to help startups navigate raising external financing for university spin-outs. In Part 2, we discuss the key intellectual property… more

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open Commission… more

On April 17, 2024, the Supreme Court announced its unanimous decision in Muldrow v. City of St. Louis, Missouri, No. 22-193. In Muldrow, the Court held that while an employee challenging a job transfer under Title VII of the Civil… more

On April 18, 2024, the Mine Safety and Health Administration (MSHA) published the long-anticipated final rule on respirable crystalline silica for coal mines and metal and nonmetal mines. As expected, this final rule is a significant… more

LEGISLATORS ADDRESS A VARIETY OF EDUCATION ISSUES IN 2024 - As we approach completion of the first quarter of 2024, many states are gearing up for their legislative sessions while others have adjourned for the year. Education… more

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an August 1… more

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the U.S. This… more

On April 9, 2024, the United States Department of Justice (DOJ) released a report on the COVID-19 Fraud Enforcement Task Force (“Task Force”), by far DOJ’s most comprehensive review of the Task Force since its creation in 2021. DOJ… more

This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at each step… more

The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments, with newly… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew N… more

Federal agencies have been busy bees this spring, releasing multiple rules that will have a serious impact on employers’ labor and employment practices. This alert provides a high-level summary of some major updates from the Federal… more

On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule that bans most existing non-compete agreements once the Rule becomes effective, which currently is estimated to be September 10, 2024. Points employers… more

Durante la Conferencia Anual contra el Lavado de Dinero de FIBA (“Financial and International Business Association”) celebrada el 18 al 21 de marzo de 2024 en Miami, Florida, la Directora Gacki de FinCEN discutió las expectativas… more

The NYSE has filed a proposed rule change with the SEC that would allow the NYSE to commence immediate suspension and delisting procedures for a listed company if that company has “changed its primary business focus to a new area of… more

During the FIBA’s (Financial and International Business Association’s) annual anti-money laundering conference held from March 18, 2024, to March 21, 2024 in Miami, Florida, Director Gacki from FinCEN discussed regulatory expectations… more

Over a year ago, in January 2023, we reported on Winstead’s Employer Law Resource Blog that the Federal Trade Commission issued a proposed rule banning noncompetes. The FTC later extended the original 90-day notice-and-comment period… more

Since the Supreme Court’s decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant’s sentencing guidelines range and determining their ultimate… more

On April 23, 2024, the U.S. Department of Labor announced its final rule to increase the minimum weekly salary to qualify for the Fair Labor Standards Act white collar exemptions. The final rule is scheduled to be published in the… more

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning non-compete agreements in the employment context. This final rule follows a proposed rule published by the FTC on January 5, 2023. The… more

On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted (in a 3-2 vote along party lines) to finalize and promulgate a final rule that bans noncompete agreements for the vast majority of workers… more

On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact of the… more

Le 27 mars 2024, la Cour d’appel de l’Ontario (la « CAO ») a confirmé, dans le cadre de l’affaire Palmer v. Teva Canada Ltd. (l’« affaire Palmer »), que le droit canadien ne prévoit pas de réparation pour un risque accru de préjudice… more

México establece aranceles temporales de hasta el 50% a mercancías de sectores estratégicos aplicables a países con los que no tiene acuerdos comerciales… more

On April 22, 2024, the Washington Office of the Insurance Commissioner issued Technical Assistance Advisory 2024-02 regarding “The Use of Artificial Intelligence Systems in Insurance” (the “Advisory”). The Advisory applies to “all… more

On April 19, 2024, the U.S. Department of Education (DOE) issued the long-awaited amended Title IX regulations, which include significant changes from the 2020 regulations. School districts have until August 1, 2024, to come into… more

Our Labor & Employment and Antitrust teams unpack the new Federal Trade Commission rule banning most employer noncompete clauses… more

The Department of Labor has approved a final rule that will raise the salary threshold for overtime-exempt employees under the Fair Labor Standards Act. Here are key takeaways for employers… more

On April 17, 2024 the Securities and Exchange Commission (“SEC”) Division of Examinations (the “Division”) issued a Risk Alert regarding investment advisers’ compliance with amended Investment Advisers Act Rule 206(4)-1 (the “Marketing… more

I always say that picking a plan provider just on price is a bad idea and I will say that picking a provider just on your years of experience is another folly… more

À compter du 6 mai 2024, il sera désormais nécessaire d’obtenir une autorisation pour travaux d’exploration à impacts (une « ATI ») auprès du ministère des Ressources naturelles et des Forêts (le « Ministère ») avant de réaliser de… more

The Foreign Subsidy Regulation, which went into force on July 12, 2023, is designed to counteract distortions in the European Union’s internal market attributable to financial subsidies given to companies doing business in the EU by… more

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may have… more

Our special guest is Andrew Nigrinis of Legal Economics LLC and former CFPB enforcement economist. The CFPB’s final credit card late fee rule lowers the safe harbor late fee amount that card issuers other than “smaller card issuers”… more

According to a survey of 150 large U.S. employers, the median percentage of healthcare dollars spent on pharmacy increased from 21% in 2021 to 24% in 2022, and is the fastest rising component of healthcare… more

On April 5, 2024, a federal jury in the Northern District of California found defendant Matthew Panuwat liable for insider trading in the Securities and Exchange Commission’s (“SEC”) first-ever case involving the so-called “shadow… more

On April 23 the Federal Trade Commission (FTC) announced a comprehensive ban on noncompete agreements for all U.S. workers. If permitted to go into effect, the rule will have a profound impact on how U.S. businesses hire, train and pay… more

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the plan… more

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This comes over a… more

On April 22, 2024, the Department of Health and Human Services (HHS) announced a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy. The Final Rule strengthens the Health Insurance Portability and… more

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule, which was… more

On April 23, 2024, the Federal Trade Commission voted to adopt its final rule, which prevents employers from entering into and/or enforcing noncompete agreements against workers. This vote occurred over a year after the FTC first… more

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are safe… more

In a seismic decision on April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to ban noncompete agreements for all workers, with a narrow exception for senior executives. This new rule, set forth in a 570-page action… more

On April 22, 2024, the NCAA approved significant changes to NCAA Division I transfer eligibility and name, image, and likeness (NIL) rules. The changes to transfer and NIL rules are immediately effective. Transfers - The NCAA… more

Tuesday, April 23, 2024, the Federal Trade Commission issued a much anticipated final rule banning non-compete agreements. The final rule, which is effective August 21, 2024, prohibits any person (including business entities) from… more

The House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on April 30, 2024, on the fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). EPA… more

A new rule clarifying who is permitted to accompany an OSHA Compliance Safety and Health Officer (CSHO) during an inspection of an employer’s facility will go into effect on May 31, 2024. In issuing the “Worker Walk Around Final Rule”… more

A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a claim… more

Le 16 avril 2024 (le « jour du Budget »), le gouvernement du Canada a présenté son budget fédéral de 2024 (le « Budget 2024 »). Bien que le principal élément du Budget 2024 soit une proposition visant à faire passer le taux d’inclusion… more