Insights

New York – September 14, 2023: Eric S. Aronson, a widely respected trial lawyer with broad experience in trial and appellate courts across the nation, has joined Crowell & Moring as a partner in the firm’s Litigation Group in New York.

Washington – January 11, 2023: Crowell & Moring has published Litigation Forecast 2023: What Corporate Counsel Need to Know for the Coming Year. The 11th-annual Litigation Forecast focuses on trends in litigation that are playing out in specific jurisdictions around the globe. 

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.