On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more
7/8/2024
/ Anti-Competitive ,
Compliance ,
Effective Date ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Section 5
On April 23, 2024, the United States Federal Trade Commission (“FTC”) issued a Final Rule (the “Final Rule”) that would prohibit the use of non-compete clauses with most American workers...more
On Friday, September 29, 2023, the Securities and Exchange Commission (the “SEC”) issued an order that censured D. E. Shaw & Co., L.P., a registered investment advisor in New York, and assessed a civil penalty of $10,000,000...more
10/4/2023
/ Civil Monetary Penalty ,
Consent Order ,
Corporate Counsel ,
Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Former Employee ,
Non-Disclosure Agreement ,
Registered Investment Advisors ,
Regulatory Requirements ,
Release Agreements ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Statutory Requirements ,
Whistleblower Protection Policies
On January 5, 2023, the United States Federal Trade Commission (“FTC”) proposed a new rule (the “Proposed Rule”) that — if implemented — could dramatically restrict the use of non-compete agreements throughout the United...more
1/9/2023
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition
A frequently used step to control costs in times of uncertainty is to reduce personnel. A well-planned restructuring or reduction in force, generally referred to as a “layoff,” can achieve meaningful cost reductions...more
10/18/2022
/ Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Layoffs ,
Notice Requirements ,
Publicly-Traded Companies ,
Reporting Requirements ,
Restrictive Covenants ,
Risk Management ,
Severance Agreements ,
Severance Pay ,
Vesting ,
Wages ,
WARN Act
The Massachusetts Legislature recently passed legislation that, if signed by Governor Baker, will make substantial changes in the law governing future noncompetition agreements with Massachusetts workers and residents. This...more