Comments to the FTC’s Proposed Noncompete Ban Due March 20, 2023 – and the Comment Period May Be Extended Another 60 Days

As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban non-competes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many practical reasons why such a sweeping approach is unwarranted—in particular at the federal level. The period for submitting formal comments to the proposed rule lasts 60 days following the publication of the proposed rule in the Federal Register. The FTC did not file the proposed rule with the Federal Register until January 18, 2023, and it will not be published until January 19, 2023, meaning …

FTC Enforcement Actions Stake Out Aggressive New Position on Post-Employment Non-Compete Agreements

“Practices that three unelected bureaucrats find distasteful will be labeled with nefarious adjectives and summarily condemned, with little to no evidence of harm to competition. I fear the consequences for our economy, and for the FTC as an institution”

– FTC Commissioner Christine S. Wilson

The Federal Trade Commission (“FTC”) started 2023 with a bang. In addition to issuing a proposed Rule that would ban post-employment non-competes nationwide, the FTC announced that it had settled two previously undisclosed enforcement actions and entered into proposed consent orders with three employers based on a novel legal theory. According to the Complaints filed …

Small Business – Picayune Items

NEW YORK, Jan. 12, 2023 /PRNewswire/ — Pomerantz LLP is investigating claims on behalf of investors of Twist Bioscience Corporation (“Twist” or the “Company”) (NASDAQ: TWST). Such investors are advised to contact Robert S. Willoughby at [email protected] or 888-476-6529, ext. 7980.

Fighting for victims of securities fraud for more than 85 years (PRNewsfoto/Pomerantz LLP)

The investigation concerns whether Twist and certain of its officers and/or directors have engaged in securities fraud or other unlawful business practices.

[Click here for information about joining the class action]

On November 15, 2022, Scorpion Capital published a short report on Twist (the “Scorpion Report”). The Scorpion Report described Twist as “[t]he latest miniaturized ‘lab-on-a-chip’ scam,

Restrictive Covenants in the Fifth Circuit

Restrictive covenants not to compete, or non-compete agreements, are one of a variety of tools companies use to protect their trade secrets and competitive advantage. However, whether a court will enforce a restrictive covenant varies widely across jurisdictions, including across states within the Fifth Circuit. For example, the Louisiana statute governing restrictive covenants applies a two-year durational limit, while Mississippi common law applies a more general ‘reasonable and specific’ standard to the duration and geographic scope of a restrictive covenant. In addition, Mississippi courts must balance the rights of the employer, the employee, and the public when enforcing restrictive covenants.

No Non-Compete? No Problem. Texas Court Grants TRO Forcing Former Employees to Stop Working for Competing Business.

Restrictive covenants and non-compete agreements have been a frequent topic of this blog in recent months, and rightly so. Non-competitors are generally thought to be effective tools to help firms protect trade secrets and competitive advantages. However, these agreements are falling out of favor across the country – the DOJ recently files a Statement of Interest in a state court case taking the position that non-competites may violate the Sherman Antitrust Act. Further, states continue to pass laws limiting or banning the use of noncompete agreements, including Illinois, Oregon, Nevada, DCand Colorado.

But one Texas

NBA Star Zion Williamson Secures Wins on the Basketball Court and in the Courtroom, After Defeating Claims of Trade Secret Misappropriation

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans, worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”). The case is Williamson v. Prime Sports Marketing LLC et al. in the District Court for the Middle District of North Carolina, No. 1:19-cv-00593.

Williamson entered into a marketing agreement with Ford and Prime Sports when he was just a freshman at Duke University. He brought suit in 2019,

The Defend Commerce Secrets and techniques Act and The way it Differs from State Commerce Secret Legal guidelines

The Defend Commerce Secrets and techniques Act (DTSA) was enacted in 2016. The DTSA permits an proprietor of a commerce secret to sue in federal courtroom when searching for reduction for commerce secret misappropriation associated to a services or products in interstate or overseas commerce, and doesn’t preempt any state legislation. A aim of the DTSA is to “present a single, nationwide commonplace for commerce secret misappropriation with clear guidelines and predictability for everybody concerned.” S. Rep. No. 114-220, at 14 (2016). For almost all of the time, this aim is upheld. Other than establishing a relation to a services

The Schall Law Firm Encourages Investors in UP Fintech Holding Limited with Losses of $100,000 to Contact the Firm

PRESS RELEASE

Published July 19, 2023

LOS ANGELES, CA / ACCESSWIRE / July 19, 2023 / The Schall Law Firm, a national shareholder rights litigation firm, reminds investors of a class action lawsuit against UP Fintech Holding Limited (“UP Fintech” or “the Company”) (NASDAQ:TIGR) for violations of §§10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the US Securities and Exchange Commission.

The Schall Law Firm, Tuesday, July 18, 2023, Press release picture

Investors who purchased the Company’s securities between April 29, 2020 and May 16, 2023, inclusive (the “Class Period”), are encouraged to contact the firm before August 21, 2023.

If you are