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Competition Non-Compete Agreements Department of Justice (DOJ)

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

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In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Fox Rothschild LLP

Did the FTC Just Mess with Your Business Valuation?

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Many family law practitioners and not a few business owners probably never heard of the Federal Trade Commission (FTC). A once active part of the business regulatory environment, the agency was placed on sedatives during the...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

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The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Ballard Spahr LLP

FDIC Proposes Limitations on Use of Non-Competes

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On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Clark Hill PLC

The Attack on Employment Noncompetes: The Status of Federal Initiatives

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Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Jenner & Block

Client Alert: The FTC Proposes Ban on Non-Competes

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The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

K&L Gates LLP

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

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On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

McDermott Will & Emery

Recent Treasury Department Report Emphasizes Fostering Competition in Labor Markets

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Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more

Hogan Lovells

Department of Justice suggests that employee non-competes could be criminally prosecuted

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On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements...more

Jackson Lewis P.C.

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

Proskauer - Law and the Workplace

FTC and DOJ Hold Workshop On Non-Compete Agreements

As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more

Foley & Lardner LLP

FTC Announces First Step Towards Regulation of Employee Non-Competes

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As we have noted previously, on July 9, President Biden signed an Executive Order on Promoting Competition in the American Economy. Among many other things, this Executive Order calls on the Federal Trade Commission (FTC) to...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 43

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Democratic Attorneys General Ask FDA to Set...more

Mintz - Antitrust Viewpoints

Antitrust Agencies to Hold Virtual Public Workshop to Promote Competition in Labor Markets

The Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) just announced that they will host a virtual workshop on December 6 and 7, 2021, to discuss the agencies’ efforts to promote...more

Vinson & Elkins LLP

Three Takeaways from “Navigating the New Antitrust Enforcers”

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Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

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Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Moritt Hock & Hamroff LLP

Are Non-Competes Headed For Extinction?

Regulation of non-competition agreements or provisions has traditionally been governed by state law. As set forth below, however, a new Executive Order may signal that change is coming on the federal level. Background - ...more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

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On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

McNees Wallace & Nurick LLC

Biden Executive Order on Competition Targets Labor Markets, Including Non-Compete Agreements and Information Sharing

On July 9, 2021, President Joe Biden signed a sweeping Executive Order on “Promoting Competition in the American Economy”. The Executive Order includes 72 initiatives by more than a dozen federal agencies to address...more

Hogan Lovells

What health systems should know about President Biden’s Executive Order Promoting Competition

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On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. ...more

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