News & Analysis as of

Enforcement Priorities Employment Contract

Vorys, Sater, Seymour and Pease LLP

Ushering in a New Era: NLRB Acting General Counsel Revokes Memos from Predecessor

After just 11 days in his new role, in mid-February, NLRB Acting General Counsel (GC) William B. Cowen circulated a GC memorandum to all NLRB field offices, revoking certain GC memoranda issued by former General Counsel...more

DLA Piper

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

DLA Piper on

Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement...more

Tucker Arensberg, P.C.

Federal Government Continues Assault on Non-Compete Agreements

Tucker Arensberg, P.C. on

Making sense of the NLRB’s effort to limit non-compete agreements. In late May, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), issued Memorandum GC 23-08, in which she expressed her...more

Womble Bond Dickinson

The FTC’s Continued Attack on Noncompete Agreements (Industry Today)

Womble Bond Dickinson on

The trend in recent years has undeniably been against the broad use and enforcement of employee noncompete agreements. The number of states that have implemented or proposed legislation restricting employers’ ability to use...more

Genova Burns LLC

Non-Competes with Rank and File Employees Targeted by NLRB

Genova Burns LLC on

Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Polsinelli

DOJ’s Increased Focus on Antitrust Calls into Question Noncompetition Agreements

Polsinelli on

The Department of Justice (DOJ) and federal government continue to aggressively pursue antitrust violations and promote the federal government’s interest in heavily limiting the use of non-competition agreements.  While the...more

Eversheds Sutherland (US) LLP

President Biden signs executive order targeting non-compete agreement

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. In his order, President Biden states that companies can stifle competition with non-compete clauses - claiming...more

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