Insights

Orange County – October 18, 2024: The Recorder honored Crowell & Moring partner Chahira Solh with the Distinguished Leader Award at the annual California Legal Awards event in Los Angeles on Oct. 15. The award recognizes lawyers who have implemented major achievements in the last year. Solh was also named a finalist for the Mentorship Award in honor of the impact she has made on attorneys at the start of their careers and in the legal profession.

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

On February 16, 2023 the Federal Trade Commission (“FTC”) hosted a virtual public forum on the agency’s proposed rule that would ban virtually all non-compete agreements between employers and employees, previously reported on here. The forum, which included a discussion by a panel of six individuals who have experience with or have been affected by non-compete agreements, as well as an open public comment opportunity, reflected surprisingly mixed views on whether the FTC’s proposed rule should be adopted.

Yesterday, the Federal Trade Commission proposed a sweeping new rule that would ban employers from including non-compete terms in employment agreements with virtually all of their workers – from janitors to senior executives. Describing such agreements as an “exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses,” the FTC’s rule deems non-compete agreements to be an “unfair method of competition” under Section 5 of the FTC Act, without regard for any business justifications or reasonableness. Potential rulemaking against non-compete clauses has been percolating for some time and has support from the White House, but the breadth of the proposed rule is nonetheless surprising.

On April 4th, the Department of Justice filed a civil antitrust suit alleging that ValueAct Capital violated the Hart-Scott-Rodino (HSR) Act, setting in motion a potential trial that could provide greater clarity regarding the proper scope of the “investment only” exemption to the HSR Act and its application to certain shareholder activities.

Antitrust agencies are bringing more cases — and exacting big penalties.

Gain insightful knowledge on key cartel risk and compliance issues. Eminent officials from the European Commission and national competition authorities as well as leading private practitioners and in-house counsel will debate practical challenges to help you develop an effective strategy for your business needs and services.