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On April 23, 2024, the U.S. Federal Trade Commission finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States.

While certain health care providers will be exempted from the rule, many will not. As such, and if the rule survives legal challenge, health care industry participants should carefully consider how the rule will impact their recruitment and retention strategies going forward.

This article discuss steps that company directors should take to ensure their most valuable assets are afforded as much protection as possible from both a US as well as a European perspective.

The US Supreme Court decision of June 29, 2023 in Groff v DeJoy makes it harder for employers to decline religious accommodation requests.

Courts are increasingly recognizing the manageability issues inherent in class-wide treatment of alleged misclassification claims, which may curtail class certification of unwieldy misclassification cases. However, independent contractor lawsuits are on the rise as employers attempt to rely on non-employee workers to fall outside US Fair Labor Standards ACt ("FLSA") regulations.

An amicus brief pertaining to Work-Product Privilege in the matter Textron Inc. and Subsidiaries v. United States of America (Financial Executives International, FEI, amicus brief, Textron v. US, 1/10).

On August 3, 2022, a new bipartisan US Senate crypto/digital assets bill titled the "Digital Commodities Consumer Protection Act of 2022" ("DCA") was introduced by Senators Debbie Stabenow (D-MI), John Boozman (R-AR), Cory Booker (D-NJ) and John Thune (R-SD). This article compares and contrast the Lummis-Gillibrand Responsible Financial Innovation Act and the DCA. While neither bill is likely to become law in its current form, their common assumptions and elements, and that both are bipartisan efforts indicate the likely direction of U.S. regulation of crypto/digital assets.

Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S. Department of Health and Human Services (HHS) issued updated guidance on the topic.

This guide by Latham & Watkins and KPMG is designed to provide a roadmap to help navigate the financial statement requirements of US federal securities laws.

Canadian trademark laws and rules do bear many similarities to those in the US. However, for international brand owners looking to file, prosecute, and enforce trademarks in Canada, it is critical to keep in mind some important features unique to the Canadian system, which are outlined in this resource.

In this quick overview for in-house counsel, learn about the basics of blockchain and what key legal and practical aspects in-house counsel should consider: What blockchain is, why it is important, what industries will be impacted, which companies are leaders, what role the legal department can play, and what questions in-house counsel can ask to mitigate risks and help guide business decisions regarding blockchain with a global perspective.

A stolen company laptop these days is much more than a nuisance, if customer information resided on the computer. The law in this area is fast-developing, with different schemes evolving in California, other states, and throughout Europe. Learn what advice to give your clients in the case of identity theft, what further actions they should take, and whether there is a difference between the practical business actions and the legally required actions when their databases are breached and customer information is stolen.

904 - End It Before It Begins: Litigation Prevention in Today’s Business Environment

On June 23, 2022, the US Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen overturned New York State's law limiting the carrying of firearms, and allows for open carry. These are curated resources on this topic.

This guide from Latham & Watkins and KPMG is designed to provide a roadmap to help navigate the financial statement requirements of the US federal securities laws.

These ten issues reflect the current focus on compliance within the industry in the US, as well as what we expect going forward in 2020.

This is a template answer to US Secretary of Labor's complaint regarding OSHA violations.

A Non-ACC Policy Statement from the US Commodity Futures Trading Commission concerning Attorney-Client Privilege and government investigations.

This Wisdom of the Crowd (ACC member discussion) discusses how to address an elderly employee's request to be provided with a scooter, and related questions pertaining to reasonable accommodation under the US Americans with Disabilities Act (ADA) and potential claims of unequal treatment. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law ACC Network.

Any company or individual is subject to the Foreign Corrupt Practices Act ("FCPA") if it directly or indirectly causes an act or effect in the U.S. in the furtherance of a corrupt payment to a public official. In particular, U.S. parent companies of Mexican subsidiaries can be held liable under the FCPA, if they are found to have directed or been involved in the corrupt activities of their Mexican subsidiaries. This QuickCounsel covers how the FCPA affects how business is conducted in Mexico.

Recently, US Justice Sonia Sotomayor, on behalf of a unanimous Supreme Court, held that funds contained within inherited IRAs are not “retirement funds” — a ruling, known as the Clark decision, that notably alters the landscape of inherited IRAs under the Bankruptcy Code. What will the world of bankruptcy, inherited IRAs and estate planning look like post-Clark?

This article addresses how the proposed U.S. Model Treaty Provisions may dramatically alter the international tax landscape.

This list presents key issues to consider regarding joint venture and consortium agreements.

Copy of the memo from 2006 covering the Federal Prosecution of Business Organizations

This global initial public offering guide will help you navigate the US portion of a global IPO – in other words, an IPO in which you sell locally listed ordinary shares to investors outside the United States.

In October 2013, for the first time in twenty years, the United States produced more crude oil than it imported. US oil and gas production is evolving rapidly. The prospect of an energy- independent United States will dramatically reshape domestic and foreign energy industries and reposition the United States as an energy exporter rather than an importer. This session will equip you to advise clients on the major regulatory developments emerging from this significant transformation, including regulations regarding shale oil and gas production, transportation and storage and liquified natural gas storage and export. The session will also touch on US and global views from a policy perspective, including the longer term implications for US energy policy and international trade and foreign policy—particularly considering recent developments in the Middle East.

The Indian data protection legal regime is proposed to undergo a major overhaul with the enforcement of the Digital Personal Data Protection Act.

This article discusses In-house counsel internal strategies for compliance, including training of key stakeholders and conducting gap assessments.

This resource explains current trends in US export controls, summarizing the key takeaways from a recent webcast presented by Gibson, Dunn & Crutcher LLP on “Emerging Trends in US Export Control Enforcement.”

This overview provides a brief roadmap of the important elements of a comprehensive program to comply with the US Foreign Corrupt Practices Act (FCPA), and is designed to help compliance professionals ensure they have considered all of the issues. A strong compliance program incorporates several core functions and ensures that a company is protecting itself as much as possible against FCPA violations and liability.

This Wisdom of the Crowd, compiled from questions and responses posted on the ACC Employment & Labor Law discussion forum, addresses whether a monetary docking policy to discourage lateness can be implemented under the US Fair Labor Standards Act (FLSA).