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May 1, 2024

Employment & Labor Practice Issues White Paper on FTC’s Rule Banning Noncompete Agreements

Wilson Elser partner Diana Estrada, experienced in litigating matters arising under all aspects of federal and state employment laws, takes a deep dive into the recently passed Federal Trade Commission (FTC) Noncompete Clause Rule. Author of the Employment & Labor Practice’s newly issued white paper FTC Ban on Post-Employment Noncompete Agreements: How did we get here and what happens next? Diana launches an in-depth examination of the new rule, including exceptions and alternatives to noncompete agreements. Importantly, she notes that although the new rule may not withstand legal scrutiny, states are becoming more and more hostile toward noncompete provisions and are legislating to limit them while the National Labor Relations Board continues to scrutinize their use.

Apr 30, 2024

U.S. Chamber of Commerce Files Suit Against FTC’s Noncompete Ban

Following the Federal Trade Commission’s (FTC’s) adoption of its Rule on April 23, 2024, that struck down almost all forms of noncompete agreements (the Rule), unsurprisingly and as we predicted in our last piece discussing the adoption of the Rule, the United States Chamber of Commerce (Chamber) has commenced an action in the U.S. District Court for the Eastern District of Texas that seeks, among other things, (1) a declaration that the FTC’s Noncompete Rule is arbitrary, capricious or otherwise contrary to law within the meaning of the Administrative Procedure Act and (2) an order permanently enjoining the FTC from enforcing the Rule against its members.

Feb 1, 2024

Accountants’ Role in the Beneficial Ownership Reporting Requirement under the Corporate Transparency Act

There has been a proliferation of articles and news blasts across the accounting profession over the past several months concerning the Corporate Transparency Act (CTA) and its newly established requirement to report on the beneficial ownership information (BOI) of reporting companies.