The Federal Trade Commission last year proposed a sweeping rule outlawing most non-competition agreements nationwide. The rule applied both to non-competes in the employer-employee context and to a seller of a business in an...more
Final Rule Requires Notice to Workers of Unenforceability by September 4, 2024 -
The Federal Trade Commission proposed a sweeping rule last year, outlawing most non-competition agreements nationwide. The rule drew...more
6/3/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a...more
4/22/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
SCOTUS ,
Transformative Use
Non-competition agreements and similar restrictive covenants form a bundle of rights and obligations that are hotly negotiated between buyers and sellers in every M&A transaction. These covenants often represent tradeoffs...more
In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright infringement suit brought by a photographer whose photos of Prince Andy...more
4/8/2022
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Petition for Writ of Certiorari ,
Photographs ,
SCOTUS ,
Transformative Use
President Biden has directed the FTC to crack down on non-competition agreements.
Non-compete clauses can unfairly hinder the mobility of low-level workers due to disparate bargaining power.
Originally Published in...more
8/31/2021
/ Biden Administration ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants
On the heels of record deal volume in 2018 and 2019, 2020 was supposed to be another banner year for M&A activity in the U.S. and worldwide. Then COVID-19 crashed the party, and the M&A loco- motive came to a screeching halt....more
The Federal Reserve Board last Monday expanded its Main Street Lending Program, the $600 billion program of financial assistance to small and medium-sized businesses authorized under Title IV of the CARES Act, to allow more...more
The Federal Reserve Board on Thursday announced it is expanding the scope and eligibility for the Main Street Lending Program, the $600 billion program of financial assistance to small and medium-sized businesses authorized...more
This client alert serves as an update as we continue to track the developments in the implementation of the Paycheck Protection Program (the “PPP”), an SBA-guaranteed loan program promulgated under the CARES Act, and certain...more
This client alert is one of a series as we track developments in the implementation of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act")....more
4/9/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Federal Reserve ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Term Asset-Backed Securities Loan Facility (TALF)
News outlets have been replete with stories lately about sports stars, high- level executives and in-house counsel foregoing salaries or taking pay cuts in light of the economic hardships wrought by the coronavirus...more
Paycheck Protection Program: On Thursday, April 2, 2020, the U.S. Small Business Administration (the “SBA”) issued an interim final rule setting out implementation guidelines and requirement with respect to the Paycheck...more
If you want to make God laugh, tell him your plans, so the joke goes. But acts of God are often are no joking matter. Hurricanes, earthquakes, drought, floods, locusts and other natural disasters can wreak havoc on life and...more
One often sees a definition of "Business Day" in purchase agreements and other legal documents, usually to define when an event such as delivery of a legal notice or payment of an amount can legally occur. ...more
La imagen de los mexicanos en la Florida generalmente se enmarca en el debate sobre la inmigración que actualmente arrasa en nuestro país. Pero la influencia mexicana y su presencia en la Florida va mucho más allá de los...more
The image of Mexicans in Florida is usually framed around the immigration debate raging in our country currently. But the Mexican influence and presence in Florida goes far beyond migrant workers picking crops in Homestead...more