David Schwartz at Skadden, Arps, Slate, Meagher & Flom LLP

Court Blocks Certain Key Provisions of DEI Executive Orders, but Employers Should Continue Reviewing Practices and Policies

On February 21, 2025, the U.S. District Court for the District of Maryland paused the enforcement of certain portions of the Trump administration’s executive orders related to diversity, equity and inclusion (DEI) efforts....more

2/25/2025 / Constitutional Challenges , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Enforcement Actions , Equal Employment Opportunity Commission (EEOC) , Executive Orders , False Claims Act (FCA) , Federal Contractors , First Amendment , Trump Administration

DEI Under Siege: A Guide to the Trump Executive Orders

Key Points - - The new administration’s effort to eliminate most DEI programs extends beyond the federal government to major corporations, foundations, non-profits, professional organizations and educational institutions. -...more

2/20/2025 / Affirmative Action , Civil Rights Act , Corporate Counsel , Department of Justice (DOJ) , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Enforcement Actions , Executive Orders , Federal Contractors , Gender Identity , Trump Administration

The Informed Board - Winter 2025

Boards face a multitude of challenges, and opportunities, with the change in administrations. As we describe in the latest issue of The Informed Board, the new administration is forcing companies to reexamine their approaches...more

2/20/2025 / Antitrust Provisions , Board of Directors , Corporate Governance , Department of Justice (DOJ) , Diversity , Enforcement Actions , EU , Executive Orders , Legislative Agendas , Multinationals , Regulatory Agenda , Regulatory Requirements , Supply Chain , Trump Administration

Executive Briefing: Latest Updates on Trump Executive Actions

As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential...more

DEI: Trump Takes Aim at Diversity Initiatives

Two executive orders have important implications for diversity, equity and inclusion (DEI) efforts. “Ending Radical and Wasteful Government DEI Programs and Preferencing” (Executive Order 14151), issued on January 20, 2025,...more

1/30/2025 / Affirmative Action , Anti-Discrimination Policies , Civil Rights Act , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Federal Contractors , Federal Funding , Trump Administration

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

1/20/2025 / Affirmative Action , Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Race Discrimination , SCOTUS , Title VII , Trump Administration

Nasdaq Board Diversity Rules Vacated by the Fifth Circuit

On December 11, 2024, in a 9-8 decision, the United States Court of Appeals for the Fifth Circuit ruled that in approving the Nasdaq Stock Market’s (Nasdaq) board diversity rules (the Rules), the Securities and Exchange...more

12/17/2024 / Board of Directors , Corporate Governance , Disclosure Requirements , Diversity , Diversity and Inclusion Standards (D&I) , LGBTQ , Listing Standards , Nasdaq , Publicly-Traded Companies , Regulatory Agenda , Reporting Requirements , Securities and Exchange Commission (SEC)

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

9/26/2024 / Corporate Counsel , Employer Liability Issues , Employment Contract , Employment Litigation , Enforcement Actions , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Labor Regulations , Loper Bright Enterprises v Raimondo , Non-Compete Agreements , SCOTUS , Texas

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more

8/26/2024 / Administrative Procedure Act , Arbitrary and Capricious , Competition , Employees , Employer Liability Issues , Employment Litigation , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Lack of Authority , Non-Compete Agreements , Popular , Set-Asides , Statutory Authority , Texas , Unconstitutional Condition

New Developments on the FTC Noncompete Ban: Ryan, LLC v. FTC Decision

On July 3, 2024, in Ryan v. Federal Trade Commission, a district court in the Northern District of Texas preliminarily enjoined the implementation and enforcement against the plaintiff and plaintiffs-intervenors of a Federal...more

7/9/2024 / Appeals , Employer Liability Issues , Employment Contract , Employment Litigation , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Litigation Strategies , Non-Compete Agreements , Preliminary Injunctions , Texas

Insights – June 2024

Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

6/27/2024 / Adverse Employment Action , Civil Rights Act , Discrimination , Diversity and Inclusion Standards (D&I) , Employee Transfers , Employer Liability Issues , Employment Discrimination , Employment Litigation , Gender Discrimination , Hiring & Firing , Lateral Transfers , Muldrow v City of St Louis , SCOTUS , Sex Discrimination , Title VII

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

NLRB Must Satisfy Traditional Preliminary Injunction Standards To Secure Section 10(j) Relief Against an Employer Pending...

In Starbucks Corp. v. McKinney, the U.S. Supreme Court held that the National Labor Relations Board (NLRB) must satisfy the traditional preliminary injunction standard established in Winter v. Natural Resources Defense...more

6/17/2024 / Federal Labor Laws , NLRA , NLRB , Preliminary Injunctions , SCOTUS , Starbucks , Starbucks Corp. v McKinney , Termination , Unfair Labor Practices , Unions

FTC Ban on Noncompetes Now Slated To Take Effect on September 4

The Federal Trade Commission’s final rule broadly banning noncompete clauses between employers and workers, released on April 23, 2024, was published in the Federal Register on May 7, so the ban will take effect on September...more

5/8/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants

FTC’s Final Rule Banning Worker Noncompete Clauses: What It Means for Employers

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject...more

4/25/2024 / Competition , Employer Liability Issues , Employment Contract , Employment Policies , Federal Trade Commission (FTC) , FTC Act , Labor Reform , Non-Compete Agreements , Notice Requirements , Proposed Rules , Regulatory Agenda , Restrictive Covenants , Unfair Competition

FTC Expected To Issue Final Rule Banning Many Noncompetes on April 23

On April 16, 2024, Federal Trade Commission (FTC) Chair Lina M. Khan announced that a special open commission meeting will be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern Daylight Time, where the FTC is...more

4/22/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Notice of Proposed Rulemaking (NOPR) , Proposed Rules , State Labor Laws

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Employers Offering DEI Training Need To Monitor Both Pro- and Anti-DEI Court Challenges and Legislative Proposals

The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more

3/28/2024 / Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Litigation , Hostile Environment , Race Discrimination , Regulation , State Legislatures , Training

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Ruling: Forfeiture-for-Competition Provisions in Delaware Partnership Agreements Are Not Subject to a Reasonableness Review

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a decision of the Delaware Court of Chancery holding that a forfeiture-for-competition provision in a partnership agreement was a...more

2/2/2024 / Competition , Delaware , Non-Compete Agreements , Partnership Agreements , State Courts

12/13/2023 / Affirmative Action , Class Action , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Educational Institutions , Equal Employment Opportunity Commission (EEOC) , LGBTQ , NASCAR , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina

David Schwartz

Skadden, Arps, Slate, Meagher & Flom LLP

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