100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban

As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning non-competes nationwide by an additional 60 days. According to the letter, “[t]he regulated community should be given sufficient time to assess the potential consequences of the rulemaking and develop insightful comments for the Commission to consider.” The letter further states:

This rulemaking, as the FTC itself acknowledges, will impact a significant portion of the economy. Given the breadth of the rules, a sufficient comment period is needed to ensure the regulated community can

If You’re a New Law Firm Leader, Avoid Making These Mistakes

New law firm leaders often tell me they operate in a bewildering environment where little is certain, the tempo is fast, and the dynamics are far more complex. They worry it’s impossible to stay on top of all the things they need to know to do their job. Some quietly admit that they “feel overwhelmed.”

I’ve learned that new law firm leaders need to navigate their way through the transition and avoid some common missteps in their earliest days in the role. Here are some that pop up again and again.

Thinking this appointment is about you when it’s all

Epstein Becker Green Launches 50-State Noncompete Survey for Employers

Epstein Becker Green (EBG) is pleased to announce the launch of our 50-State Noncompete Survey, designed to give employers a desktop guide to the great variety and specificity of noncompete laws across the United States.

EBG’s 50-State Noncompete Survey is here to help provide key insights on all of the following areas of noncompete law in your state:

  • Are non-competitive employees permissible?
  • Is there a general non-compete statute or other industry-specific statute and rules?
  • Are certain employees exempt from noncompetitive?
  • Is continued employment sufficient consideration?
  • Are there notice-related or other unique requirements?
  • Are customers and employees non-solvent permissible?
  • Can noncompetes

DOJ Fails Again in a No-Poach Prosecution

A Ruling and Order issued on April 28, 2023 by the US District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute alleged wage-fixing and no-poach agreements.

To review, in 2016 the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued Antitrust Guidance for Human Resources Professionals that warned of potential criminal prosecutions for so-called “naked” no-poach agreements, ie , agreements among competing businesses to restrict hiring or compensation of employees, untethered to any legitimate collaborative relationship.

Since 2020, the DOJ …