On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more
1/30/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Popular ,
Wage and Hour
Key Points -
- We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support...more
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
9/30/2024
/ Acquisitions ,
Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Governance ,
Delaware General Corporation Law ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Mergers ,
Non-Compete Agreements ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Technology Sector
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
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
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
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
6/27/2024
/ Business Entities ,
Compliance ,
Corporate Counsel ,
Dissolution ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Enforcement ,
Executive Compensation ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Selling a Business
The FTC issued its final rule broadly banning noncompete clauses between employers and workers. In this episode of “Fierce Competition,” Skadden attorneys Tara Reinhart, Annie Villanueva Jeffers and Justine Haimi discuss the...more
Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more
3/26/2024
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employees ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Wage-Fixing
In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more
Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees —...more
4/25/2018
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Antitrust Litigation ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Rule-of-Reason Analysis ,
Sherman Act ,
Technology Sector