The Delaware Supreme Court’s ruling in Cantor Fitzgerald v. Ainslie, which reversed the Court of Chancery’s 2023 finding that forfeiture-for-competition provisions should be evaluated by the same “reasonableness” standard as...more
On September 17, 2024, the Department of Justice Antitrust Division (DOJ) shut the vault doors on its 1995 Bank Merger Guidelines, leaving the 2023 Merger Guidelines as its sole authoritative statement on the topic of mergers...more
9/25/2024
/ Banks ,
Biden Administration ,
Department of Justice (DOJ) ,
Executive Orders ,
FDIC ,
Final Rules ,
Financial Institutions ,
Financial Regulatory Agencies ,
Merger Reviews ,
OCC ,
Policy Statement ,
The Clayton Act
The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more
4/26/2024
/ Chamber of Commerce ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Less than two months after the Delaware Supreme Court provided the employers, investment partners and other business leaders that trust in the stability of Delaware law to protect their critical business interests with the...more
The Delaware Supreme Court yesterday upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, reversing the Court of Chancery, which had reasoned that such provisions should be...more
The U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) has opened the door to future legal challenges against DE&I...more
7/13/2023
/ Acquisitions ,
Affirmative Action ,
Civil Rights Act ,
Compliance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Due Diligence ,
Mergers ,
Private Equity ,
Private Equity Funds ,
Risk Assessment ,
Risk Management ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Target Company ,
Title VII
New York is now the only purely common law state in the country without any statutory guidelines governing both post-employment noncompetes and trade secrets. But that may be about to change. The New York State Legislature...more
We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more