Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
#WorkforceWednesday: Noncompete Bans Spread to New York and Beyond - Employment Law This Week®
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®
Sign on the Dotted Line: Negotiating an Effective Employment Agreement
#WorkforceWednesday: Spilling Secrets: Restrictive Covenants in the Remote Work Boom - Employment Law This Week®
MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
#WorkforceWednesday: Spilling Secrets: Hiring from a Competitor? Don't Get Sued. - Employment Law This Week®
NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
Reasonable minds can differ: Part 2
Revisiting Executive Compensation and Employee Incentive Plans
Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture
Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction
National Backlash Builds Against Non-Compete Agreements - Employment Law This Week® - Trending News
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Crackdown on Non-Solicitation Agreements, DOL Opinion Letters, New NLRB Member, State Law Developments
The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more
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
On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more
On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the...more
In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more
The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more
The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more
WHAT HAPPENED - - On back-to-back days this month, defendants charged and prosecuted by the US Department of Justice’s Antitrust Division (the DOJ) were acquitted on all Sherman Act charges in first-of-their-kind criminal...more
In July 2021, the US Department of Justice’s (DOJ) Antitrust Division brought its first-ever criminal no-poach market allocation case. The Antitrust Division indicted DaVita, Inc. and its former CEO Kent Thiry on three counts...more
Over the past five years, the Department of Justice (DOJ) and civil litigants have rigorously challenged the lawfulness of buy-side restraints of trade, including noncompetes, no-poach, and nonsolicitation agreements, under...more
Let’s review the status of activity restrictions in franchise agreements. Do they serve the purpose intended? Are they enforceable? Are they worth it? The Pennsylvania Supreme Court’s decision in Pittsburgh Logistics Systems...more
That which is old is new again. The U.S. Department of Justice and plaintiffs’ lawyers are taking aim at non-solicitation agreements restricting mobility of labor. This isn’t something employers usually think about. ...more
A client is negotiating a software license agreement to license in some information technology (IT) services from a service provider. The IT services were going to be a quantum improvement for our client, and they were...more
On Thursday, April 30, 2020, Florida Cancer Specialists & Research Institute LLC (“FCS”), the largest independent medical oncology/hematology practice in the U.S., agreed to pay a $100 million fine to resolve a criminal...more
This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more
WHAT HAPPENED: • The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between...more
On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
A nearly ubiquitous element of corporate conduct, thought to be legal and competitively harmless, now faces the prospect of criminal prosecution by the U.S. Department. of Justice, Antitrust Division (“Division”). On April 3,...more
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more
Human resources ("HR”) departments have historically had little reason to hold antitrust law top of mind, as there was little in the way of enforcement activity concerning personnel issues. In recent years, however,...more
The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more
In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more
A few years ago, several Silicon Valley employers made news when they were accused of agreeing among themselves not to solicit each other’s programmers and software engineering employees. These employees are in high demand,...more