On January 21, 2025, President Donald Trump signed Executive Order 14173: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which Dechert discussed in a previous OnPoint....more
2/12/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Opportunities ,
Executive Orders ,
Labor Reform ,
Office of Personnel Management (OPM) ,
Trump Administration
The United States Supreme Court held that employers seeking to prove an employee is exempt from minimum wage and overtime pay provisions of the Fair Labor Standards Act must only satisfy a preponderance of the evidence...more
1/29/2025
/ Compliance ,
Department of Labor (DOL) ,
Employment Litigation ,
Evidence ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Standard of Proof ,
Wage and Hour
On Tuesday, January 21, 2025, President Donald Trump issued an executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), which, among other actions, revoked...more
1/28/2025
/ ADEA ,
Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
OFCCP ,
Popular ,
Title VII
Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more
11/7/2024
/ Advertising ,
Antitrust Provisions ,
Artificial Intelligence ,
Biometric Information ,
China ,
Corporate Taxes ,
Cybersecurity ,
Deregulation ,
Employment Policies ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Independent Contractors ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Investment ,
Joint Employers ,
NLRA ,
Non-Compete Agreements ,
Patents ,
Real Estate Market ,
Retail ,
Tariffs ,
Tax Cuts and Jobs Act ,
Tax Exemptions ,
Technology Sector ,
Tips ,
Tracking Systems ,
Unions ,
USPTO
With President-elect Trump announced as the winner of the 2024 election, the landscape of U.S. policy is poised for potential shifts that could significantly impact the life sciences sector. To a large degree, the extent to...more
11/7/2024
/ Antitrust Provisions ,
Bayh-Dole Act ,
Corporate Taxes ,
Drug Pricing ,
Employee Definition ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Inflation Reduction Act (IRA) ,
Intellectual Property Protection ,
Investment ,
Legislative Agendas ,
Life Sciences ,
NLRA ,
Non-Compete Agreements ,
SALT ,
Tariffs ,
Tax Cuts ,
Tax Cuts and Jobs Act ,
Unions ,
USPTO
While the 2024 election cycle may introduce temporary uncertainty, the convergence of positive economic trends such as waning inflation, anticipated interest rate cuts and cautious optimism for a soft landing suggests robust...more
As the 2024 election cycle unfolds, the landscape of U.S. policy is poised for potential shifts that could significantly impact various sectors. With the Biden-Harris administration's focus on lowering the cost of...more
Potential Election Impacts on the Private Equity and Private Credit Sectors -
While the 2024 election cycle may introduce temporary uncertainty, the convergence of positive economic trends such as waning inflation,...more
10/29/2024
/ Acquisitions ,
Carbon Emissions ,
CFIUS ,
China ,
Credit ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Institutional Investors ,
Investment Adviser ,
Investors ,
Lenders ,
Lending ,
Mergers ,
NLRB ,
PFAS ,
Private Equity ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs) ,
Tax Cuts
For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to...more
9/10/2024
/ Competition ,
Debt Financing ,
France ,
Interest Rates ,
Leveraged Buyout ,
Presidential Elections ,
Price Inflation ,
Private Equity ,
Regulatory Standards ,
UK ,
Valuation
On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers.
The...more
On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more
In April 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced a Final Rule that would prohibit nearly all existing and future non-compete agreements between employers and workers, subject to specified...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive...more
6/28/2024
/ Compliance ,
Employment Discrimination ,
France ,
Harassment ,
Human Resources Professionals ,
Internal Investigations ,
Leave of Absence ,
Remote Working ,
SCOTUS ,
UK ,
Unions ,
Workplace Safety
Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII....more
5/7/2024
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Arbitration ,
Bissonnette v LePage Bakeries Park St LLC ,
Civil Rights Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Transfers ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Harassment ,
Lactation Accommodation ,
LGBTQ ,
Muldrow v City of St Louis ,
Over-Time ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship
After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more
3/13/2024
/ Adverse Employment Action ,
Broker-Dealer ,
California Privacy Rights Act (CPRA) ,
CFTC ,
Compliance ,
Employee Misconduct ,
Employee Rights ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Social Media ,
Surveillance
At Dechert, we have been closely monitoring legal developments with respect to the use of non-competes and other restrictive covenants and have observed a growing trend in the United States, the United Kingdom and France...more
3/5/2024
/ Compensation ,
DE Supreme Court ,
Disclosure Requirements ,
Enforceability ,
Federal Bans ,
Federal Trade Commission (FTC) ,
France ,
Jurisdiction ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Restrictive Covenants ,
Statute of Limitations ,
UK
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
2/29/2024
/ ADEA ,
Adverse Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
EEO ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
Whistleblower Protection Policies
The Delaware Chancery Court has issued yet another decision invalidating restrictive covenants, continuing a trend of recent decisions in which the court has refused to “blue-pencil,” or modify, covenants. In Sunder Energy,...more
In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more
The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more
Background -
The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more
Repetition is not always a rhetorical virtue. Delaware entities seeking to enforce non-compete provisions exclusively in Delaware courts have now been warned: Including non-compete agreements in employment contracts with...more
As the U.S. begins to relax nationwide shutdown orders and business restrictions, employers are faced with new legal challenges when planning to reopen. This Q&A discusses key issues employers should consider in formulating...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Labor Laws ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Assessment ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Safety
The coronavirus pandemic has had an enormous impact on how businesses operate around the world. To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s...more
4/3/2020
/ Business Closures ,
Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
France ,
Germany ,
Hiring & Firing ,
Holiday Pay ,
International Labor Laws ,
Paid Leave ,
Redundancy Dismissals ,
Redundancy Payments ,
Remote Working ,
Sick Pay ,
Social Insurance Contributions ,
UK ,
United States ,
Workplace Safety