Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
#WorkforceWednesday: Noncompete Bans Spread to New York and Beyond - Employment Law This Week®
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®
Sign on the Dotted Line: Negotiating an Effective Employment Agreement
#WorkforceWednesday: Spilling Secrets: Restrictive Covenants in the Remote Work Boom - Employment Law This Week®
MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
#WorkforceWednesday: Spilling Secrets: Hiring from a Competitor? Don't Get Sued. - Employment Law This Week®
NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
Reasonable minds can differ: Part 2
Revisiting Executive Compensation and Employee Incentive Plans
Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture
Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction
National Backlash Builds Against Non-Compete Agreements - Employment Law This Week® - Trending News
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Crackdown on Non-Solicitation Agreements, DOL Opinion Letters, New NLRB Member, State Law Developments
In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw...more
The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more
Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more
Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more
A recent decision from the United States District Court underscores the antitrust risks of non-solicitation clauses in service agreements. In St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C. et...more
On August 25, 2023, in Deslandes v. McDonald’s, the Seventh Circuit Court of Appeals vacated and remanded a district court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in McDonald’s...more
It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers. It is rarer still when an employer fires an employee for doing so. These may be rare events, but apparently (or at...more
The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more
Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more
A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman...more
Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., was a game changer in California, overturning what was then approximately 30...more
On March 3, 2020, Massachusetts Premier Soccer LLC, doing business as Global Premier Soccer (“GPS”), filed a complaint in the US District Court for the District of Massachusetts, alleging that two of its former...more
M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more
The Federal Trade Commission has issued an administrative complaint challenging Axon Enterprise, Inc.’s consummated acquisition of its body-worn camera systems competitor VieVu, LLC from parent company from Safariland....more
This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more
Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more
The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to...more
In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more
Employment lawyers and human resources professionals, take note: In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more
The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result...more
Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more
The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more
The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more