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Oct 25, 2024 | 
mondaq.com | Michael E. Neminski
Last year, we wrote about the potential antitrust liability companies might
face from participating in organizations seeking to advance
environmental, social and governance (known as ESG) goals.
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Oct 23, 2024 | 
jdsupra.com | Michael E. Neminski
Last year, we wrote about the potential antitrust liability companies might face from participating in organizations seeking to advance environmental, social and governance (known as ESG) goals.
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Aug 5, 2024 | 
law.com | Carl W. Hittinger |Michael E. Neminski
The FTC’s historic rule banning most employment-based noncompetition agreements (the noncompete rule), and its authority to issue such a rule, were the subject of court decisions handed down in the month of July. However, the decisions by the U.S. District Court for the Northern District of Texas and the U.S. District Court for the Eastern District of Pennsylvania were in direct conflict.
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Jul 26, 2024 | 
jdsupra.com | Michael E. Neminski |Alyse F. Stach
July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC published the rule, several parties filed suit seeking an injunction to block the implementation of the Noncompete Rule. July saw decisions from cases filed in the Northern District of Texas and the Eastern District of Pennsylvania. On July 3, 2024, in the case Ryan, LLC v.
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Jul 25, 2024 | 
jdsupra.com | Joyce Cox |Daryl Leon |Michael E. Neminski
Key Takeaways The Eastern District of Pennsylvania declined to block the FTC’s Noncompete Rule banning most employment-based noncompetes, finding the plaintiff had not shown it would be irreparably harmed if the Rule went into effect and that the FTC has the authority to issue the Rule. The decision diverges meaningfully from an earlier ruling by the Northern District of Texas, which found that the FTC lacked the authority to issue the Rule.
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Apr 11, 2024 | 
jdsupra.com | Jeffry W. Duffy |Michael E. Neminski |Matt Schock
The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C. The panel vigorously debated the merits of the FTC’s proposed rule banning non-compete agreements between employers and employees, while agreeing that the proposed rule would represent a major policy shift from the current patchwork of state-level approaches to a nationwide rule declaring such...
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Oct 17, 2023 | 
jdsupra.com | Carl W. Hittinger |Michael E. Neminski
In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing alternative methods to pursue alleged monopolistic conduct.
Please see full Publication below for more information.
Download PDF
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Sep 29, 2023 | 
law.com | Carl W. Hittinger |Michael E. Neminski
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. View Now Our Team Account subscription service is for legal teams of four or more attorneys.
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Feb 13, 2023 | 
lexblog.com | Julian Perlman |Michael E. Neminski
On Jan. 26, 2023, twenty-four states sued the Department of Labor to block a new rule allowing retirement plans to consider environmental, social, and governance concepts (known as ESG) when administering plan assets.[1] The lawsuit, while notable for its potential impact on Employee Retirement Income Security Act regulations and the administration of retirement plans, may serve as a warning shot in the debate over ESG’s intersection with antitrust law.
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Feb 13, 2023 | 
lexology.com | Julian Perlman |Michael E. Neminski
On Jan. 26, 2023, twenty-four states sued the Department of Labor to block a new rule allowing retirement plans to consider environmental, social, and governance concepts (known as ESG) when administering plan assets.[1] The lawsuit, while notable for its potential impact on Employee Retirement Income Security Act regulations and the administration of retirement plans, may serve as a warning shot in the debate over ESG’s intersection with antitrust law.
