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Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
JONES DAY TALKS® - Charting the Course: Antitrust's Past, Present, and Future in Labor Markets
Consumer Finance Monitor Podcast Episode: A Close Look at the Impact of Antitrust Laws on the Consumer Financial Services Industry
Antitrust Conversations: Antitrust Litigation
JONES DAY PRESENTS®: Cryptocurrency and Antitrust Litigation
JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case
JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
Podcast: IP(DC): 5G for the C-Suite: Patent Hold-Up or Hold-Out?
U.S. International Trade Commission
Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports
Jones Day Presents: Antitrust, Collusion, and Blockchains
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Instapundit: America's IP Laws Need to be "Pruned Back"
As reported in Shumaker’s prior Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) implemented a Final Rule banning nearly all non-competition agreements as of September 4, 2024. Under this Final Rule,...more
In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...more
On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for...more
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more
On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”). As suspected, business...more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more
On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more
The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more
On March 18, 2024, the Supreme Court of the United States (the “Supreme Court”) denied a petition for writ of certiorari brought by McDonald’s USA, LLC (“McDonald’s”). McDonald’s had asked the Supreme Court to review a...more
The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more
On November 13, 2023, the U.S. Department of Justice (“DOJ”) moved to drop its last remaining no-poach criminal prosecution case, U.S. v. Surgical Care Affiliates LLC, et al. This marks an informal end to the DOJ’s...more
As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more
The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more
In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more
In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more
Whether you are an employer attempting to maintain and enforce non-compete provisions in contracts with your employees, or an employee trying to navigate career developments despite being subject to such a provision, you need...more
In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more
In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more
Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them. This,...more
On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more
On January 5, the Federal Trade Commission (FTC) promulgated a proposed rule that would effectively ban all non-competes with employees and other workers (Proposed Rule). If adopted in its current form, the Proposed Rule...more
In a Notice of Proposed Rulemaking issued January 5, 2023, the Federal Trade Commission (“FTC”) proposes prohibiting employers from entering into non-compete clauses with workers and requiring employers to rescind existing...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that is essentially a blanket ban on non-competes per Section 5 of the FTC Act which prohibits unfair competition. If implemented, the new rule would not...more
On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more