FTC Bans Most Noncompete Agreements
On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a Final Rule that would prohibit most employee noncompete agreements..… more
On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a Final Rule that would prohibit most employee noncompete agreements..… more
The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or… more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden administration’s… more
On April 4, the Centers for Medicare & Medicaid Services (CMS) released the Contract Year (CY) 2025 Medicare Advantage (MA) and Medicare Part D Policy and Technical Changes final rule (“Final Rule”), which included revisions to the… more
On April 24, 2024, antidumping duty (AD) and countervailing duty (CVD) petitions were filed on crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand and Vietnam. The petitioner… more
On 24 April 2024, the European Parliament voted to adopt the Corporate Sustainability Due Diligence Directive (CSDDD), meaning it will now become law and necessitate a shift in corporate attitudes to responsible business conduct. The… more
The U.S. Department of the Treasury (“Treasury”) recently issued a Notice of Proposed Rulemaking (“NPRM”) that would enhance and expand authorities of the Committee on Foreign Investment in the United States (“CFIUS” or “the… more
Beginning on May 6, 2024, an authorization (ATI) from the Quebec ministry responsible for mines, the Ministère des Ressources naturelles et des Forêts (MRNF), will be required before conducting impact-causing exploration work in… more
On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions. The new rule will drive up payroll costs across many industries. In fact, the DOL estimates it… more
FTC Bans Non-Competes - The U.S. Federal Trade Commission (FTC) voted 3-2 to issue a final rule banning non-competes nationwide for all workers and requiring employers to notify workers that they will not enforce them. Existing… more
Editor's Note: The convergence of CYE's and Surfshark's analyses reveals a critical juncture in the fight against cyber threats. With the U.S. leading global data breaches and businesses facing significant insurance coverage gaps, the… more
On April 24, 2024, Asbury Automotive Group (“Asbury Auto”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party had gained access to the company’s computer network. In this… more
On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, approved in final form its rule banning non-compete clauses in most instances. The rule is scheduled to become effective 120 days after its publication in the… more
On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware corporation and… more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA) and… more
The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title IX by… more
Yesterday, the Federal Trade Commission voted 3-2 to issue a Final Rule banning virtually all noncompetition agreements between employers and employees. Employers may enforce pre-existing noncompetes with “senior executives” but will… more
Utah is poised to enforce the Utah Artificial Intelligence Policy Act (“UAIP;” S.B. 0149) a first-of-kind legislation that is going into effect on May 1, 2024. Starting next week, this act will introduce stringent requirements for the… more
On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action follows its… more
The U.S. Department of Labor (DOL) issued its final regulations on April 23, 2024 that increase the salary threshold level necessary to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay… more
On April 15, 2024, in response to feedback on last year's ANPRM, Director Vidal issued an invitation to comment on the new NPRM governing PTAB review practices, including: •Definition of “serial petition” as a petition that… more
The Federal Trade Commission (FTC) voted 3-2 on April 23 to issue its final noncompete rule. The Rule becomes effective in 120 days. However, it already has been challenged in federal court in the State of Texas, and more suits are… more
Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA)… more
Another taxpayer has been stung by using the wrong version of a private delivery service, FedEx “Express Saver,” resulting in the late filing of an important tax document. Filing Requirements for U.S. Tax Court Petitions- Tax… more
In March 2024, the Department of Health and Human Services—through the Office of the National Coordinator for Health IT (ONC)—released a draft 2024-2030 Federal Health IT Strategic Plan for public comment. A collaborative effort… more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued the Non-Compete Clause Rule (“Final Rule”). Under the Final Rule, after the effective date (120 days from publication in the Federal Register), almost all post-employment… more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 15-21. Here’s what’s happening… more
Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors related… more
In 2022, the City of Inglewood passed a healthcare worker minimum wage ordinance. The new $25.00 minimum wage applies to private-sector healthcare employees who work in hospitals, integrated health systems, and dialysis clinics in… more
The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of comments… more
The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive conduct… more
In a 3-2 vote on April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule on non-compete clauses, declaring all non-compete clauses to be unfair methods of competition, resulting in a national ban on non-compete… more
On April 23, 2024, the United States Department of Labor (DOL) issued its Final Rule significantly increasing both the standard salary threshold for exempt employees employed in a bona fide executive, administrative, or professional… more
In Immanuel Baptist Church v. City of Chicago, the United States District Court for the Northern District of Illinois recently ruled that the City of Chicago had violated the Religious Land Use and Institutionalized Persons Act’s… more
On April 23, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete clauses nationwide with limited exceptions (the “Final Rule”). The unpublished Final Rule is available..… more
We’ve all known this day was coming—it was just a matter of time. From the moment the Biden Department of Labor (“DOL”) announced that the Trump DOL’s 2020 increase to the Fair Labor Standards Act salary threshold for the so-called… more
While the updating of workplace policies is often on an organization's to-do list, regular review of such policies frequently gets pushed aside for other more pressing tasks. Depending on the jurisdiction in which your… more
In this video, ediscovery expert Brett Burney explains how to calculate ediscovery costs using different ediscovery software pricing models. He uses Nextpoint's cost comparison calculator to illustrate ediscovery expenses for per-user… more
On April 23, 2024, the Federal Trade Commission (“FTC”), by 3-2 vote, issued its final rule to prohibit the use of employee non-compete clauses (the “Final Rule”). The Final Rule comes after the FTC issued its proposed rule to ban all… more
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”). As suspected, business groups… more
On April 23, the U.S. Department of Labor (DOL) published the “Retirement Security Rule: Definition of an Investment Advice Fiduciary,” which makes changes to the definition of “ fiduciary” for purposes of the Employee Retirement… more
The Council of the Corporation Law Section of the Delaware State Bar Association has proposed amendments to the Delaware General Corporation Law that, if enacted by the General Assembly, will address issues raised in three recent… more
In the latest episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey engages in an insightful conversation with Antonia Tzinova, leader of Holland & Knight's CFIUS and Industrial Security Team. This… more
The U.S. Environmental Protection Agency (EPA) has designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act… more
Much has been written, including in our Burns & Levinson Legal Terrain Blog, about the impact of PFAS and similar “forever chemicals” on suits by state attorneys general and private actions to obtain funds or obtain insurance coverage… more
Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an algorithmic… more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of time. Because… more
On April 23, 2024, the United States Department of Labor (DOL) announced its final rule, amending the minimum salary levels necessary for employees to be considered exempt from the overtime requirements under the Fair Labor Standards… more
On April 23, 2024, the U.S. Department of Labor (DOL) issued its much-anticipated final rule raising the salary threshold for certain workers exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). As written, the… more
On April 23, 2024, the Federal Trade Commission (FTC) voted to publish the “Non-Compete Clause Rule” to ban employers from entering into non-compete clauses with workers on or after the effective date. The rule will be effective 120… more
In a rare public meeting, the Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to approve a final regulatory rule (Final Rule) which bans virtually all preexisting and future noncompete agreements with very few exceptions… more
On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research Corporation… more
Tuesday, April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to implement a new rule banning non-compete agreements for most U.S. workers. Specifically, the new rule prohibits employers from entering into or enforcing (or… more
In this concluding post of our series, we explore the burgeoning role of Artificial Intelligence (AI) in legal eDiscovery. With global spending on legal AI software tools projected to reach a staggering $37 billion by 2024, it’s clear… more
Modern warfare is no longer restricted to physical battlefields and professional military. Countries like North Korea and Russia have few qualms about using cyberspace to reach well beyond their physical borders to target private… more
On April 24, 2024, a coalition of four U.S. producers of crystalline silicon photovoltaic cells and modules filed an antidumping and countervailing duty (AD/CVD) petition on imports of crystalline silicon photovoltaic cells, whether or… more
On April 23, 2024, the United States Department of Labor released a final rule raising the salary threshold for “white collar” workers—i.e., executives, professionals, and administrative personnel. While we expect there will be legal… more
Canada’s long-anticipated Digital Services Tax Act (Act) was introduced into Parliament on November 30, 2023 as part of Bill C-59. While our previous Blakes Bulletin: 2023 August 4 Draft Legislation: Selected Tax Measures and Blakes… more
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