On January 22, the FTC announced updated dollar thresholds triggering the bar on interlocking officers and directors under Section 8 of the Clayton Act, 15 U.S.C. § 19. Section 8 of the Clayton Act prohibits one person from serving as
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New York Governor Vetoes Bill Banning Non-Compete Agreements
Although non-competition agreements are under ongoing attack at the federal and state levels (including being banned in California, Minnesota, North Dakota, and Oklahoma, among others), New York State is not yet ready to join that movement. Late last month, New…
Latest Round of Russia Sanctions Targets Foreign Financial Institutions Supporting Russia’s Military-Industrial Base
On December 22, 2023, President Biden issued Executive Order (E.O.) 14114 further addressing the Russian Federation’s (Russia) continued use of its military-industrial base to support its aggression against Ukraine and to further counteract Russia’s continued evasion of U.S. sanctions. This…
The Deal That Ended the SAG-AFTRA Strike
The 2023 SAG-AFTRA strike, spanning 118 days, marked a significant period of negotiation and conflict and highlighted the importance of the evolving digital entertainment landscape and the use of new technologies in work settings. …
Ringing in the New California Laws
With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024. This…
FTC and DOJ Publish 2023 Merger Guidelines
On Monday December 18, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released the final version of their Merger Guidelines (“Guidelines”), capping a nearly two-year effort to implement a policy capturing the Biden Administration’s aggressive enforcement stance…
The Corporate Transparency Act December 2023 Update
The Corporate Transparency Act (“CTA” or the “Act”) comes into effect on January 1, 2024. Enacted by Congress as part of the Anti-Money Laundering Act of 2020, the CTA requires certain entities, domestic and foreign, to report beneficial ownership to…
New York City Bans Employers from Creating Height and Weight Requirements
As of November 26, 2023, the New York City Human Rights Law makes discrimination on the basis of an individual’s height or weight unlawful. Accordingly, an employer may not discharge or refuse to hire an individual, or provide an individual…
An Uncertain Future for DOJ’s No-Poach Prosecutions
On November 13, 2023, the DOJ Antitrust Division moved to dismiss its last remaining no-poach indictment. In 2021, a Texas grand jury indicted Surgical Care Affiliates (“SCA”) and a related company for conspiring with competitors not to solicit each other’s…
Illinois Supreme Court: Collection of Biometric Data for Health Care Treatment, Payment, or Operations Is Exempt from BIPA
On November 30, 2023, the Illinois Supreme Court issued a much-anticipated decision in Mosby v. The Ingalls Memorial Hospital, answering a certified question about whether biometric information collected from health care workers is protected by the Illinois Biometric Information Privacy…