Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to…
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/ Antitrust & Trade Regulation, Labor & Employment Law
On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope of…
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/ Administrative Law, Constitutional Law, Energy & Utilities, Consumer Protection
As we dive into the Ryan, LLC v. FTC decision, Jason and Adam examine what an appeal to the Fifth Circuit may look like, highlighting that the plaintiffs made a number of arguments as to the invalidity of the FTC non-compete…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Adam Israel, partner in the firm’s Litigation Practice, to explore a decision by the U.S. District…
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/ Administrative Law, Business Organizations, Commercial Law & Contracts, Constitutional Law, Energy & Utilities
On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to receivership…
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/ Commercial Law & Contracts, Real Estate - Commercial
In “Case” You Missed It is a new column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases of interest to…
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/ Administrative Law, Constitutional Law, Securities Law
On June 28, 2024, the Supreme Court overturned Chevron deference in a 6-3 decision in Loper Bright Enterprises v. Raimondo, Case No. 22-452. As a result, courts will no longer need to defer to an agency’s interpretation of a…
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/ Administrative Law, Civil Remedies, Constitutional Law, Environmental Law
The future success of your organization depends upon your ability to plan and implement a succession plan. Succession planning, first recognized by Henri Fayol in the early 1900s, continues to be a necessity for any…
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/ Business Organizations, Finance & Banking, Insurance, Wills, Trusts, & Estate Planning
Suppose that your nemesis has a legal beef with you, and you learn that the law allows him to appoint one of his employees to judge the case. Shocked? You should be. Yet federal agency adjudication works the same way. How can…
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/ Administrative Law, Civil Procedure, Constitutional Law, Labor & Employment Law, Securities Law
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act by a vote of 88-2. The Act was signed into law by President Biden on July 9, 2024. The ADVANCE…
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/ Energy & Utilities, Environmental Law, Science, Computers, & Technology
On April 23, the Federal Trade Commission voted 3-2 to publish its new rule, 29 C.F.R. Part 910, banning almost all non-compete clauses with workers. The rule will take effect 120 days after formal publication in the Federal…
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/ Antitrust & Trade Regulation, Labor & Employment Law
On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) approved a final Non-Compete Clause Rule (“Rule”) banning as unfair competition all non-compete provisions entered with workers on or after the effective date of…
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/ Antitrust & Trade Regulation, Labor & Employment Law
Welcome to Balch's Consumer Finance Compass, where we navigate the complex regulatory sphere that is consumer finance. I'm Jason Tompkins, partner in the Consumer Finance Compliance and Defense Practice. Today we'll explore…
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/ Consumer Protection, Finance & Banking
In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the decision from the U.S. District Court for the District of Maine in…
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/ Conflict of Laws, Constitutional Law, Finance & Banking, Consumer Protection
Businesses across Mississippi and the nation should plan to comply with a new rule from the Department of Labor (DOL), set to take effect on March 11, 2024, revising the way in which employers analyze who is an employee and who…
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/ Labor & Employment Law
