News & Analysis as of

Employment Contract Non-Compete Agreements Mergers

Tucker Arensberg, P.C.

UPMC/Washington Health System Merger Agreement Limits Non-Competes

The Press has announced that the Merger Agreement between UPMC and Washington Health System was approved by the Pennsylvania Attorney General with certain conditions, one of which was that UPMC would honor existing employment...more

Mintz - Employment Viewpoints

What the FTC’s New Rule on Non-Competes Means for M&A and Private Equity Transactions

By now you have probably heard of the Federal Trade Commission (FTC)’s rule to ban most post-employment non-compete agreements... While much of the conversation has naturally focused on the rule’s significant impact on...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

Foley & Lardner LLP

A Snapshot Of The Evolving Restrictive Covenant Landscape

Foley & Lardner LLP on

In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law. It seems that new precedent emerges on this topic week after week, leaving employers and deal-makers alike concerned...more

Latham & Watkins LLP

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on

It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

Verrill on

As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q3 2022

Benesch on

Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Venable LLP

Trio of 2021 New York Decisions Sharpens the Focus of Restrictive Covenants in M&A

Venable LLP on

A trio of decisions from the New York state and federal courts in 2021 provided a helpful snapshot of several important factors that courts in New York consider when analyzing noncompetition agreements. Historically, courts...more

Cozen O'Connor

When “Free” Trials Come With Strings Attached: Attorneys General Ask FTC To Look Into Deceptive Negative Option Marketing

Cozen O'Connor on

Consumer Protection- When “Free” Trials Come With Strings Attached: Attorneys General Ask FTC to Look Into Deceptive Negative Option Marketing- Twenty-three AGs, led by New York AG Letitia James and Pennsylvania AG Josh...more

McDermott Will & Emery

Florida’s HB 1243 Stalls, but Restrictive Covenant Provisions Move Forward

Florida’s HB 1243, with its proposed reporting requirements that would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians,...more

Mintz - Sports Entertainment Viewpoints

DOJ Reaches Settlement with Learfield IMG College over Alleged Unlawful Agreements Not to Compete

Last week, the Antitrust Division of the Department of Justice (“DOJ”) announced a proposed settlement in its lawsuit against leading college sports multimedia rights provider Learfield IMG College. See U.S. v. Learfield...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 02-01-2019 - An analysis from DRM's Government & Public Affairs Team

House Commerce pauses bill to ban non-compete agreements - After hearing limited opposition from the business community to a bill that would ban virtually all non-compete agreements, the House Commerce and Economic...more

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