News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Executive Orders

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's August 2024 Round-Up

Eighth Circuit Invalidates Missouri's Two-Year Lobbying Ban for Former Legislators and Staffers - The Eighth Circuit Court of Appeals invalidated a Missouri state constitutional amendment that imposed a two-year lobbying...more

White & Case LLP

Proposed Regulations Issued for Outbound Investment Program: Key Takeaways

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On June 21, 2024, the US Department of the Treasury issued a Notice of Proposed Rulemaking (“Proposed Rule”) to implement Executive Order 14105 (“EO”) establishing a new Outbound Investment Program ("OIP") to prohibit or...more

Dechert LLP

Finally, An Update on Outbound Investment

Dechert LLP on

Almost a year after President Biden signed an Executive Order to establish a U.S. outbound investment regime, the U.S. Department of the Treasury has published a Notice of Proposed Rulemaking (“NPRM”) on U.S. outbound...more

Wilson Sonsini Goodrich & Rosati

Proposed "Outbound Investment" Regulations Target Transactions Involving PRC Semiconductor, Quantum, and AI Businesses

New Regulations Will Require Additional Diligence for a Broad Array of Transactions, Including Many Investments in U.S. and Global Businesses - On June 21, 2024, the U.S. Treasury Department (Treasury) issued a Notice of...more

Eversheds Sutherland (US) LLP

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Proskauer - Law and the Workplace

White House Clears Independent Contractor Final Rule

On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The...more

DirectEmployers Association

OFCCP Week In Review: December 2023 #3

Monday, December 4, 2023: Without Notice, OFCCP Updated Its Construction Program and CSAL FAQs - OFCCP quietly updated two of its FAQ sections to address how it will handle enforcement of federal contractor compliance...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

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On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Sheppard Mullin Richter & Hampton LLP

OCR Announces Proposed Rulemaking to Strengthen Reproductive Health Privacy

On April 12, 2023, OCR issued a Notice of Proposed Rulemaking (“NPRM”) to strengthen HIPAA’s protections around reproductive health care privacy. The NPRM responds to President Biden’s Executive Order 14076, which directed...more

Kohrman Jackson & Krantz LLP

Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements

On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to...more

Foley & Lardner LLP

What the FTC’s Proposed Ban on Employee Noncompete Agreements Could Mean for the Technology Industry

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The Federal Trade Commission (FTC) has recently turned its focus to employee noncompete clauses, with the agency announcing a proposed regulation on January 5, 2023 that would implement a near-comprehensive ban across the...more

Nilan Johnson Lewis PA

Minnesota Again Considers Banning Non-Competes

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The FTC’s proposed rule banning non-competes nationally has received much attention, but the far likelier change to non-compete law for Minnesotans is from the all-DFL state government. Barely into session, the Minnesota...more

Proskauer - Minding Your Business

Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more

Fenwick & West LLP

Federal Trade Commission Proposes Sweeping Changes to Noncompete Agreements Nationwide

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On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more

Schwabe, Williamson & Wyatt PC

Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements

On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Harris Beach PLLC

Federal Trade Commission’s Focus on Non-Compete Clauses has Health Care Implications

Harris Beach PLLC on

As proposed, the Federal Trade Commission’s proposed rule to prohibit employers from using non-compete clauses in employment agreements would have sweeping impact on health care practices and hospitals employing restrictive...more

Bracewell LLP

FTC Pursues Crackdown on Employee Noncompetes

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Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban...more

Foley & Lardner LLP

Non-Competes: A New Year Means Higher Income Thresholds In Many States

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Earlier this month, we reported on the Federal Trade Commission’s (FTC) proposed regulation that, if adopted, would essentially abolish employee non-competes across the United States. While we await (and will promptly report...more

Rumberger | Kirk

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

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For the Federal Trade Commission’s (FTC) proposed rule to ban non-compete clauses to become law, many hurdles would have to be overcome. Those who follow politics in this country have aptly observed that this is unlikely due...more

AEON Law

Patent Poetry: Is this the end of the employee non-compete?

AEON Law on

On January 5, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that seeks to severely limit the scope of employee non-competes. This would bring federal law into alignment with the laws of...more

Flaster Greenberg PC

Is the government banning my non-competition agreements?

Flaster Greenberg PC on

Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more

King & Spalding

FTC Proposes Nationwide Ban on Non-Competes

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On January 5, 2023, in a dramatic and far-reaching agency action, the Federal Trade Commission (FTC) published a notice of proposed rulemaking, effectively banning all non-compete agreements, nationwide. The FTC’s proposed...more

Smith Gambrell Russell

FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements

Smith Gambrell Russell on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more

Seward & Kissel LLP

The Federal Trade Commission Proposes Sweeping Ban on Non-Competition Restrictions

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On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that, if passed, would deem non-compete clauses an “unfair method of competition” prohibiting all employers from entering into these...more

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