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The Utility of Non-Solicitation Agreements for FedEx Contractors
A restrictive covenant is an arrangement with employees that they will not engage in particular behavior after leaving your company. Non-competes[1], non-solicitations, and confidentiality provisions are all examples of restrictive covenants. Since these covenants restrict an employee’s free movement in the marketplace, strict rules govern their enforceability. While determining the enforceability of these provisions is…
Standard and Practices for All Appropriate Inquiries: A Final Rule by the U.S. Environmental Protection Agency
On December 15, 2022, the U.S. Environmental Protection Agency (“USEPA”) took final action to amend the Standards and Practices for All Appropriate Inquiries (the “AAI Rule”) to reference a standard practice recently made available by ASTM International (“ASTM”), a widely recognized standards-developing organization. Specifically, the USEPA’s final AAI Rule, which goes into effect on February…
Significant Increase in New York Medicaid Income and Resource Limits to Protect Individuals 65 and Over and Disabled Adults
In the past, Medicaid recipients who received MAGI Medicaid benefits (individuals under the age of 65) could lose their Medicaid benefits when they reached age 65. Once an individual reached 65, he had to reapply for non-MAGI Medicaid benefits with strict income and resource limits. In 2022, Medicaid’s monthly income limit was $934 for an…
The FTC Has Issued a Proposed Rule Making Non-Competes Unlawful
On January 5th, the FTC issued a proposed rule prohibiting businesses from entering into or maintaining non-compete agreements with workers (employees or independent contractors). While non-disclosure agreements and non-solicitation (of customer and employee) agreements are generally, permitted under the proposed rule, the FTC intends to take a functional approach to enforcement. So, even restrictions that…
The Benefits of Breaking Up: 3 Surprising Reasons Divorce is Not All Bad
We all know that divorce is often seen as a negative experience. But what if we looked at it from a different perspective? What if, instead of seeing divorce as a negative experience or a bad ending, we saw it as an opportunity to create something new and better for ourselves? Here are three ways…
Federal Trade Commission Proposes Rule Banning Non-compete Agreements Between Employers and Workers
As I mentioned in a 2022 post, the Federal Trade Commission (FTC) has been considering a rule banning non-competes for a while now; President Biden has publicly voiced his support for the ban. The current proposal is based on the FTC’s belief that non-competes violate anti-competition laws. The rule would supersede all state, local, and…
Attorney-Client Privilege
Almost everybody is aware of the concept that communications between clients and their attorneys are “privileged,” but the fine lines of that privilege are not often understood. It is important to be aware of the limits of that privilege because the forced disclosure of a communication that the client or the attorney assumed would remain…
A Guide to Child Custody Considerations for High-Net-Worth Parents Facing Divorce
Over the past two decades, I’ve represented many high-net-worth and high-profile individuals during their divorces. Everyone tends to assume the only complicating factor in these cases is the fact that these individuals tend to have far more assets to identify, value, and divide than a “typical” divorce, but that’s not always true. In my experience,…
OK at Work: FTC to Ban Non-Competes?
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the Federal Trade Commission’s proposed rule to ban non-competes nationwide. If implemented, the proposed rule would prohibit employers from including non-compete provisions in employment contracts and eliminate all existing non-competes. Listen to learn more.
The Virginia Consumer Data Protection Act: Is your Business Ready?
Following California’s lead, Virginia became the second state to enact a data privacy statute. VA Senate Bill 1392. The Virginia Consumer Data Protection Act (VCDPA) went into effect on January 1, 2023. Here’s what you need to know. Personal Consumer Data Rights Each individual Virginia resident may exercise the following data privacy rights: Confirmation:…