On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete agreements with… more

The Utah legislature has been busy, with another law effective May 1. This one is “privacy adjacent” but worth keeping in mind. The law, the Artificial Intelligence Policy Act, was signed into law in March. Among other things, it will… more

Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete provisions is… more

1. CONTENTIEUX - NON-RESPECT DES ENGAGEMENTS : GOOGLE SANCTIONNÉE À HAUTEUR DE 250 MILLIONS DANS L’AFFAIRE DES DROITS VOISINS - Par la décision n°24-D-03 du 15 mars 2024, Google est sanctionnée par l’Autorité de la concurrence… more

On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a “significant… more

In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent or the… more

On April 22, the Department of Health and Human Services (HHS) announced a final rule to support reproductive health care privacy under HIPAA. The rule aims to support reproductive health care privacy "by prohibiting the disclosure of… more

We encourage all CKCC Model participants to review these updates carefully and take necessary actions to ensure compliance with the deadlines for KCE CKCC Model Performance Year 2024 Risk Option selections… more

The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European Commission’s (EC’s) and the UK… more

Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress are in session… more

The United States Supreme Court in Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, ruled that a corporation is not liable under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 for failing to… more

Every year compliance officers face the unenviable job of performing their compliance program's annual review under Advisers Act Rule 206(4)-7). An essential element of that review is updating the firm's compliance policies and… more

It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor… more

In the FCPA Compliance and Ethics Blog this week, I will explore corporate culture from various angles. Since at least October 2021, the Department of Justice (DOJ) has made corporate culture part of its review for any company in a… more

On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing marks a… more

Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is understandable… more

The European Commission has launched its first investigation into a non-EU country's procurement practices leveraging its new tool, the International Procurement Instrument. This investigation looks at the public procurement market in… more

On Thursday, April 25, Gov. Kay Ivey signed into law House Bill 187, now Act 2024-113.  We thank Governor Ivey for her support of this bill, as well as the Department of Revenue and Commissioner Barnett for their efforts spearheading… more

The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions. Paula… more

El 17 de abril de 2024, la OFAC revocó formalmente el alivio de sanciones que anteriormente había proporcionado a la industria petrolera y de gas en Venezuela. Mediante la licencia 44 la OFAC había proporcionado un alivio de sanciones… more

The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act. In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule (the Final… more

When is the FTC’s rule effective? The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is expected… more

The legal landscape surrounding privacy and data protection is undergoing significant transformations across the globe, reflecting the increasing importance of safeguarding personal data in an interconnected world. From China's… more

The measure also harmonizes Russia sanctions rules with allies, and intensifies penalties against Iran - The National Security Act, 2024 (Pub. L No 118-50) was enacted on April 24, 2024. In addition to the Act’s provisions for… more

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete agreements for most… more

On April 22, 2024, the European Commission (EC) announced that it adopted a “Communication from the Commission: Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals.” The press release… more

Last month, the Office of Management and Budget (“OMB”) issued a memorandum directing federal agencies to adopt artificial intelligence (“AI”) and advance its use to inform and carry out agency actions. OMB’s new policy addresses three… more

Over a year after it proposed a rule banning virtually all non-compete agreements, the Federal Trade Commission (“FTC”) voted to issue its long-awaited final rule.  The final rule is substantially the same as the proposed rule, with a… more

On March 28, 2024, Washington State’s Governor, Jay Inslee, signed into law a bill that creates a new state-run retirement program called “Washington Saves.” Under the program, “covered employers” must give “covered employees” the… more

England has no direct equivalent to US class actions. However, there are various claim models under English procedural rules (CPR) that have similarities. They are summarised in our October 2022 blog post – Data Disputes: How the… more

On Friday, April 19, 2024, the U.S. Department of Education released its final rule amending the implementing regulations for Title IX of the Education Amendments of 1972 (Title IX). The new regulations mandate an overhaul of the… more

Several months ago, I found this cartoon and saved the image. I’ve come back to the folder where I stored it several times, and I am always struck by this simple visualization of how something that seems so clear to one person becomes… more

Last week, the Securities and Exchange Commission’s Division of Examinations (“DOE”) issued a Risk Alert (the “Alert”) entitled “Initial Observations Regarding Advisers Act Marketing Rule Compliance.” The Alert describes several common… more

Some jurisdictions consider the ISO-form "bodily injury" definition to be ambiguous as to whether emotional distress requires physical harm to be bodily injury. Many insurers have amended bodily injury to expressly require a physical… more

Il n’y a pas de question plus difficile en matière contentieuse que celle de l’anticipation des risques de faire l’objet d’un contrôle ou d’une sanction. C’est la raison pour laquelle il est utile de se nourrir des évolutions récentes… more

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and… more

The New York State FY 2025 budget legislation enacted on April 20th included an important and long-awaited housing reform for New York City: elimination of the “12 FAR” cap for residential buildings. City officials and housing… more

A friend shared that she was seeing the Carole King musical, “Beautiful,” and I recalled the time I caught it twice on different visits to London in 2015 because I enjoyed it so. I reflected on why I was in London in Summer nine years… more

On April 15, 2024, the Criminal Division of the Department of Justice (DOJ) announced a new pilot program setting forth the circumstances in which it will offer non-prosecution agreements (NPAs) to individuals who voluntarily disclose… more

House Committee on Energy and Commerce (House E&C Committee) Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation (Senate Commerce Committee) Chair Maria Cantwell (D-WA) unveiled a discussion… more

In Colorado, CRS § 22-33-104 the statute that defines school truancy and requires kids to attend school. If a child doesn't attend school as ordered, or if parents fail to ensure their child's attendance, they can face… more

Part two of our series of articles examining key changes applicable to higher education institutions and contained in new Title IX regulations released by the U.S. Department of Education on April 19, 2024, addresses definitions set… more

Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave for… more

The Michigan Court of Appeals recently identified a situation in which the personal representative of an estate is not entitled to have attorney fees paid from estate assets. Braun Kendrick Finkbeiner, PLC, v. Estate of Matthew G… more

Members of the North Carolina General Assembly officially reconvened for the start of the 2024 legislative short session this week. Lawmakers were only in session briefly, gaveling in on Wednesday afternoon, and adjourning for the week… more

For decades, employers have depended on the rule that transferring or reassigning an employee would not give rise to an actionable discrimination claim, as long as such an action did not “significantly” change an employee’s pay or… more

Introduction - As regulations tighten and interest in AI and ML technologies grows, effective data management has become indispensable for organizations. This encompasses data governance, records retention, and prevention of… more

The third installment in our Baltimore Key Bridge Collapse series (see Part I and Part II) examines the short- and long-term Eastern port impact, including the temporary increase in cargo volume and the Federal Maritime Commission… more

On 24 April 2024, the UK Takeover Panel published PCP 2024/1 ("PCP 2024/1"), in which it is consulting on a significant narrowing of the types of companies that will be subject to the Takeover Code (the “Code”) - i.e., as targets for… more

Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with comparative… more

On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative Session… more

Mayor Adams Releases FY25 Executive Budget- Last Wednesday, Mayor Adams released the Fiscal Year 2025 Executive Budget. The Executive Budget for FY25 is $111.6B, higher than the Preliminary Budget at $109.4B. Due to better than… more

On April 26, 2024, the FTC announced the largest ever civil penalty for the improper labelling of products as “Made in USA.” The FTC announced that Williams Sonoma will pay a record civil penalty of $3.17 million for deceptively… more

Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National Labor… more

Cases of Note - Kansas Court Holds that TCPA Does Not Allow Contribution Claims - The United States District Court for the District of Kansas dismissed a defendant’s third-party negligence claim that attempted to seek… more

As outlined in the first installment of our series, "Striking the Balance: Permitting Reforms for Mining and the Energy Transition", to achieve net zero emissions by 2050, mining development is essential for providing the critical… more

On April 26, 2024, antidumping duty (AD) and countervailing duty (CVD) petitions were filed on high chrome cast iron grinding media from India. The petitioner is Magotteaux Inc. (Petitioner)… more

On April 23, 2024, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete provisions in most industries in the United States (“Final Rule”). Dinsmore attorneys were quick to publish the details and impact… more