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Client Alert: Court Declares Non-Competes Back in Business

On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred...more

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...more

Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers. According to the...more

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

Client Alert: Acquittal of Aerospace Employees Marks the Department of Justice’s Fourth, and Most Damaging, Criminal No-Poach Loss

United States District Court Acquits all Defendants in US v. Patel - On April 28, 2023, the United States District Court for the District of Connecticut acquitted the defendants in US v. Patel of the charges of conspiring...more

Client Alert: The Department of Justice Fails to Persuade Jury in Most Recent No-Poach Prosecution Defeat

The DOJ Loses Jury Trial on No-Poach Conspiracy Charges. In the wake of the Federal Trade Commission’s attack on non-competes, the Department of Justice (DOJ) lost its most recent fight in its related battle against...more

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Client Alert: FTC Director’s Comments Continue the Concern and Confusion about Proposed Non-Compete Ban

On January 11, 2023, Elizabeth Wilkins, the Federal Trade Commission’s Director of the Office of Planning and lead staffer for the FTC’s newly proposed ban on non-competes, provided comments and answered questions about the...more

Client Alert: The FTC Proposes Ban on Non-Competes

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

DOJ Continues Push Against Non-Competes, Non-Solicitations, and Other Post Employment Restrictions

Aggressive Attacks on Employers’ Post-Employment Restrictions Continue - Employers beware. The Department of Justice’s attack on employee restrictions has gotten a new boost in a no-poach antitrust case alleging that...more

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Supreme Court Stays OSHA’s Vaccine-or-Test Rule

On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the...more

The “Defensive” 401(k) Plan

No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k)...more

California Enacts Further Restrictions on Use of Nondisclosure Agreements in Discrimination and Harassment Settlements

The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more

Vaccination Required for Employees Working in Connection with Government Contracts or in Shared Facilities

By: Sati Harutyunyan, Matthew L. Haws, Gabrielle Sigel, Emma J. Sullivan, and Joseph J. Torres The Safer Federal Workforce Task Force (Task Force) issued its much anticipated guidance to federal contractors pursuant to...more

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