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Executive Orders No-Poaching

Lowenstein Sandler LLP

FTC Proposes to Ban Employee Noncompete Agreements – January 31, 2023 Update

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Updated as of January 31, 2023- The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

King & Spalding

Enforcement Focus on Labor Agreements

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Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (“DOL”) and...more

Dentons

Antitrust Concerns for Employers

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In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

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Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Morrison & Foerster LLP

MoFo Competition: Antitrust Shifts You Need to Know

“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

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2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...more

Hogan Lovells

Wage Watchers in Brussels - European Commission focuses on agreements in the labour market

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Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe...more

Womble Bond Dickinson

Antitrust Regulation And The Labor Market

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Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

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Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Sheppard Mullin Richter & Hampton LLP

President’s Executive Order Aims to Foster a Competitive Marketplace

On July 9, 2021 President Joe Biden issued an Executive Order on Promoting Competition in the American Economy, which urges the Attorney General and Federal Trade Commission (FTC) to curb the use of non-compete and no-poach...more

White & Case LLP

Analysis: FTC Encouraged to Ban or Limit Non-Compete Agreements in July 9, 2021 Executive Order; Breaks With Tradition, And...

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On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more

Snell & Wilmer

President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes

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On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One...more

Hogan Lovells

What health systems should know about President Biden’s Executive Order Promoting Competition

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On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. ...more

Foley & Lardner LLP

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

Foley & Lardner LLP on

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

King & Spalding

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

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As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more

Nilan Johnson Lewis PA

Presidential Executive Order Targets Non-Compete Agreements

On July 8, 2021, President Biden announced that he would issue an Executive Order (EO) calling on the Federal Trade Commission (FTC) to adopt rules curtailing the use of non-compete agreements. While the announcement offers...more

Husch Blackwell LLP

The Biden Administration: Expected Changes In Workplace Protections

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Husch Blackwell’s Labor & Employment team is launching a series of employment and labor alerts and labor law podcasts that discuss the expected changes in labor and employment laws under the Biden administration and provide...more

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