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Strategies and Legal Challenges Following FTC's Noncompete Rule
In April 2024, the Federal Trade Commission voted to adopt a new rule that limits noncompete clauses/agreements (the rule). The rule is slated to go into effect on Sept. 4, 2024. This article summarizes the rule, some pending challenges to the rule, and strategies that businesses should consider implementing today to protect their interests.
What Does the Rule Cover?
Beginning on Sept. 4, the rule will generally prohibit employers from entering new noncompete clauses with workers. The rule treats existing noncompete agreements differently depending on whether the worker is a "senior executive," which includes workers who: 1) earn more than $151,164 and 2) are in a "policy-making" position. For these, existing noncompete clauses remain valid and enforceable. For all other workers, existing noncompete clauses will no longer be enforceable. Additionally, employers must inform such other workers that any existing noncompete clauses are no longer enforceable.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.