News & Analysis as of

No-Poaching Federal Trade Commission (FTC) Biden Administration

McDermott Will & Emery

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

McDermott Will & Emery on

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

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

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

Holland & Knight LLP on

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

King & Spalding

King & Spalding Analysis: Enforcement of Labor Agreements

King & Spalding on

Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (DOL) and...more

King & Spalding

Enforcement Focus on Labor Agreements

King & Spalding on

Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (“DOL”) and...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Morrison & Foerster LLP

MoFo Competition: Antitrust Shifts You Need to Know

“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

Benesch on

2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

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

Sheppard Mullin Richter & Hampton LLP

President’s Executive Order Aims to Foster a Competitive Marketplace

On July 9, 2021 President Joe Biden issued an Executive Order on Promoting Competition in the American Economy, which urges the Attorney General and Federal Trade Commission (FTC) to curb the use of non-compete and no-poach...more

White & Case LLP

Analysis: FTC Encouraged to Ban or Limit Non-Compete Agreements in July 9, 2021 Executive Order; Breaks With Tradition, And...

White & Case LLP on

On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more

Hogan Lovells

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

Hogan Lovells on

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

King & Spalding

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

King & Spalding on

As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more

Nilan Johnson Lewis PA

Presidential Executive Order Targets Non-Compete Agreements

On July 8, 2021, President Biden announced that he would issue an Executive Order (EO) calling on the Federal Trade Commission (FTC) to adopt rules curtailing the use of non-compete agreements. While the announcement offers...more

Vinson & Elkins LLP

What You Need To Know About White-Collar Criminal Enforcement Under The Biden Administration

Vinson & Elkins LLP on

A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations...more

Foley & Lardner LLP

Is A Federal Ban on Noncompetes Coming?

Foley & Lardner LLP on

Noncompete agreements, through which an employee promises not to compete with an employer during or after employment, have been a part of the marketplace for many years. While they must be supported by a legitimate business...more

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