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FTC Noncompete Ban Blocked By Federal Court
In August of this year, a Texas federal court blocked the Federal Trade Commission's Noncompete Rule (16 C.F.R. Section 910.1-6) (Final Rule) on a nationwide basis for all employers. The Final Rule would have banned nearly all noncompetes for most types of workers and was set to go into effect on Sept. 4, 2024. Despite this favorable ruling, the future of the Final Rule is uncertain because of ongoing litigation in other jurisdictions. The Circuit Courts of Appeal and the U.S. Supreme Court may ultimately be asked to weigh in, and the outcome of the upcoming election in November may also have an impact on the Final Rule's fate.
The FTC Rule
On April 23, 2024, the Federal Trade Commission (FTC) approved the Final Rule banning most noncompete agreements as an unfair method of competition in violation of Section 5 of the FTC Act. The Final Rule's definition of noncompete is broad and includes any term or condition that in any way impacts the ability of a worker to seek or accept employment with another business or to operate their own business after the working relationship ends. It also extends beyond traditional employees to include independent contractors, volunteers, and externs or interns. The Final Rule would exclude pre-existing noncompetes with "senior executives," defined as employees who are in "policy-making" positions and earn more than $151,164 per year. All other pre-existing noncompetes would have become void as of the effective date of the Final Rule on Sept. 4, 2024, and even future noncompetes with "senior executives" would have been prohibited following the effective date of the Final Rule. Additionally, employers would have been required to provide current and past workers who previously entered into a noncompete written notice that they would not be enforcing the noncompetes.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.