News & Analysis as of September 19, 2024

Non-Compete Agreements › Enforcement Actions

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Securities Law Update - August 2024 #2

Fenwick & West LLP on 8/30/2024

Welcome to the latest edition of Fenwick’s Securities Law Update. This edition contains updates and reminders on: ..The federal court decision that struck down the FTC’s noncompete ban, blocking it from taking effect...more

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

A&O Shearman on 8/2/2024

On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Antitrust in focus - April 2024

A&O Shearman on 7/1/2024

Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more

[Webinar] Trends in Antitrust Litigation - June 14th, 12:00 pm - 1:15 pm ET

TransPerfect Legal on 5/24/2024

Join us for an engaging CLE program when our panel of antitrust experts will discuss the latest trends in antitrust litigation, regulation and enforcement. We’ll explore recent changes to competition regulation in the U.S.,...more

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

Manatt, Phelps & Phillips, LLP on 5/21/2024

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

2024 Compensation Committee Handbook

Skadden, Arps, Slate, Meagher & Flom LLP on 4/4/2024

Overview of Committee Member Responsibilities - Compensation committee (Committee) members’ duties and responsibilities generally are outlined in the Committee’s organizational charter approved by the board of directors...more

Full Steam Ahead for Cartel Enforcement in 2024

Morrison & Foerster LLP on 4/4/2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

NLRB Continues Assault on Noncompete Agreements

Parker Poe Adams & Bernstein LLP on 3/8/2024

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

White & Case LLP on 2/1/2024

On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Major proposed changes to US antitrust rules present new hurdles

White & Case LLP on 12/18/2023

Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on 12/13/2023

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

NLRB Files Complaint Over Employer's Use of Noncompetes and Reimbursement Requirements

Parker Poe Adams & Bernstein LLP on 9/15/2023

Earlier this year, the National Labor Relations Board’s General Counsel released a memorandum taking the position that many employers’ use of noncompetition and related agreements violates the National Labor Relations Act by...more

Non-Competes Under Attack

Jenner & Block on 9/14/2023

In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

Benesch on 8/2/2023

Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

FTC Orders 20-Year Non-Compete Ban for Anchor Glass

Proskauer - Law and the Workplace on 6/30/2023

On June 2, 2023, the Federal Trade Commission (“FTC” or “the Commission”) finalized a Consent Order settling charges against Anchor Glass Container Corp. (“Anchor Glass”) for engaging in conduct which, according to the FTC’s...more

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

Epstein Becker & Green on 6/9/2023

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

Virginia’s New Minimum Salary Level for Non-Compete Agreements

Woods Rogers on 5/23/2023

We’re here to bring you the latest news that directly impacts your business operations in the great Commonwealth of Virginia. It’s time to take note: Virginia has a new minimum salary level for non-compete agreements. This...more

Blue Pencils Down: The Recent Delaware Non-Compete Case Trifecta

Snell & Wilmer on 5/12/2023

Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them...more

Healthcare Regulatory Check-up Newsletter | January 2023 Recap

McDermott Will & Emery on 3/9/2023

This issue of McDermott’s Healthcare Regulatory Check-Up highlights significant regulatory activity and developments occurring in January 2023, including several criminal and civil enforcement actions related to the federal...more

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on 2/22/2023

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Competition authorities crackdown on employment markets: a new era for cartels

Eversheds Sutherland (US) LLP on 2/8/2023

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

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

Lowenstein Sandler LLP on 1/31/2023

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

M&A in 2022 and Trends for 2023

Morrison & Foerster LLP on 1/23/2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on 1/11/2023

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

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Non-Compete Agreements › Enforcement Actions

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