Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more
On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more
The Eleventh Circuit Court of Appeals recently affirmed in part, and vacated in part, a district court’s issuance of an injunction preventing a franchisor’s enforcement of a noncompete covenant as written but allowing...more
We are seeing - Continued availability of growth capital for specialty lenders—SME lenders attract the most capital in the previous 12 months - VC debt cheques (e.g., Quilam Capital's debt investment in Merchant Money...more
Many employers require employees to sign restrictive covenants prohibiting them from engaging in certain activities after their employment ends. These prohibitions frequently include - opening or working for a competing...more
In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be...more
Last month, the Committee on Foreign Investment in the United States (CFIUS) issued a proposed rule that could restrict foreign investment in real estate located near certain military bases. As background, CFIUS is made up...more
In a decision characterized by the National Milk Producers Federation as a "momentous victory for American consumers, farmers and food manufacturers" and a "huge victory for worldwide producers" of gruyere cheese, the U.S....more
An important part of how to market a law firm is targeting the correct audience. To do this, you first need to ensure you know who your target audience targets are and understand as much about them as possible....more
We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more
Just eight weeks after Hackensack Meridian Health System and Englewood Healthcare Foundation notified the Federal Trade Commission (“FTC”) that they were calling off their proposed merger following the Third Circuit Court of...more
Location, location, location: It’s everything in real estate, but can it be a sustainable niche in law? In other words, is it a lucrative long-term move to stake your brand identity on being “Tennessee’s premier...more
Join our expert panel as they discuss the risks and benefits of expanding a regional power market for the Western United States. Would such a regional power market reduce costs, allow better integration of renewables, and...more
On January 18, 2019, the New York Department of Financial Services (NYDFS) issued a circular letter to all insurers authorized to write life insurance in New York State setting out the Department’s views concerning the use of...more
When Jay Baker, the vice president of Causin, L.L.C., quit to create a competing business, Causin sued to enforce Baker’s nonsolicitation/noncompetition agreement. Baker defended the claim in part by arguing the agreement’s...more
Violations of the Sherman Act generally require a demonstration of market power in the “relevant market.” The relevant market has two components—the relevant product market and the relevant geographic market....more
Texas law allows for the enforcement of covenants not to compete that impose reasonable restrictions on competition. Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete...more
In a somewhat unexpected but highly significant move, United States District Judge David Procter (Northern District of Alabama), who is presiding over the In re Blue Cross Blue Shield Antitrust Litigation (Case No....more
WHAT HAPPENED - • Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned...more
Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by...more
Residents of a small Nashville suburb, Thompson’s Station, were given a second opportunity to litigate their antitrust actions against local developer Carbine & Associates, LLC (“Carbine”), Crystal Clear Communications...more
Some of the most famous and luxurious brands (Champagne, Bordeaux, Port) around the world are geographical indications (GIs) and bring in substantial revenue for the United States and Europe. According to the European...more
On May 4, 2017, 15 business leaders gathered at Skadden’s Palo Alto office to discuss the current political and policy environments in the U.S. and abroad, as well as their implications for the technology sector. Participants...more
In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more
The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more