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A federal judge rejected a company’s effort to block an FTC rule from taking effect that would ban agreements commonly signed by workers not to join their employers’ rivals or launch competing businesses, saying the agency has the power to ban practices that it deems anticompetitive.
Our colleagues Daniel Wiessner and Brendan Pierson report that U.S. District Judge Kelley Hodge in Philadelphia rejected tree-trimming company ATS Tree Services’ request for a preliminary injunction against the ban, which goes into effect in September. About 30 million people, or 20% of U.S. workers, have signed noncompetes, according to the FTC.
FTC spokesperson Douglas Farrar said the decision “fully vindicates” that the law allows the agency to ban noncompete clauses, “which harm competition by inhibiting workers’ freedom and mobility while stunting economic growth.” Josh Robbins, a lawyer for ATS at the libertarian Pacific Legal Foundation, said in a statement that the “FTC does not have the statutory authority to rewrite millions of employment contracts by banning non-compete agreements.”
A federal judge in Texas earlier this month blocked the FTC from enforcing the rule against a coalition of business groups including the U.S. Chamber of Commerce and tax service firm Ryan while they pursue legal challenges, but declined to issue a nationwide injunction.
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- Democratic U.S. senators introduced a bill designed to undo a ruling last month by the U.S. Supreme Court that curtailed the ability of federal agencies to issue regulations addressing issues including the environment, consumer protection and workers’ rights. The bill would restore a doctrine known as “Chevron deference,” and make a series of other changes that Democrats say would modernize and streamline the rulemaking process.
- Another pair of Senators introduced a bipartisan bill that would deter so-called “Texas two-step” bankruptcies, saying that wealthy companies should not be able to stop lawsuits by dumping their liabilities into a bankrupt shell company. Senators Sheldon Whitehouse, a Rhode Island Democrat, and Josh Hawley, a Missouri Republican, introduced the “Ending Corporate Bankruptcy Abuse Act of 2024.”
- London-founded law firm Clifford Chance reported an increase in revenue and profits, highlighting its growth in the U.S. market. The global firm said partnership profit grew by 10% to $856 million pounds ($856.00 million), and profit per equity partner hit 2.04 million pounds ($2.63 million), in its financial year that ended April 30.
- U.S. District Judge John Younge in Philadelphia refused to dismiss a lawsuit accusing defunct Philadelphia-based law firm Schnader Harrison Segal & Lewis of unlawfully using pension contributions to help run the firm before it shuttered in 2023 after nearly 90 years in business.
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That’s how much legal tech company Clio raised in an investment round led by venture capital firm New Enterprise Associates, in one of the largest fundraises by a Canadian startup. The funding round values the company at $3 billion and comprises fresh investment as well as a secondary sale of shares by some insiders, Clio told Reuters. Another legal technology company, Harvey, raised $100 million in a funding round led by venture capital firm GV, that values the company at $1.5 billion.
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It cost him a lucrative law firm consulting gig, but retired Delaware law professor Charles Elson won the right on Monday to argue as a friend of the court against Tesla’s attempt to bypass a court decision invalidating CEO Elon Musk’s $56 billion pay package. Delaware Chancellor Kathaleen McCormick ruled on Monday that Elson can appear as a friend of the court as she weighs the impact of Tesla’s shareholder vote last month to approve a pay package that the judge struck down in January. Alison Frankel has the story on Tesla’s failed bid to block Elson’s brief – and how the professor’s arguments could have multibillion-dollar consequences.
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“Repercussions that result do not convert the health advisory into a final action.“
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—Circuit Judge Arianna Freeman, who wrote for a unanimous 3rd Circuit panel that dismissed a lawsuit by Chemours against the Biden administration challenging a drinking water advisory for toxic “forever chemicals.” Freeman said the EPA advisory, issued in 2022, could not be challenged in court because it was not a final agency action. Instead, she wrote, it was intended to “help communities make informed decisions.” Chemours had argued that the advisory, which warned that toxic chemicals known as PFAS pose health risks in drinking water even at levels so low they are not detectable, could lead to action by regulators.
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- The DOJ expects to file its plea agreement with Boeing. The planemaker on July 7 agreed in principle to plead guilty to a fraud conspiracy charge and pay a fine of $243.6 million after the DOJ said the company had breached a 2021 deferred prosecution agreement. The plea deal, which requires a judge’s approval, would brand the planemaker a convicted felon in connection with crashes in Indonesia and Ethiopia over a five-month period in 2018 and 2019 that killed 346 people. Prosecutors told a U.S. judge last week that they will “work expeditiously” to submit the agreement by today.
- Harvard University’s lawyers at Wilmer Hale and King & Spalding will ask U.S. District Judge Richard Stearns in Boston to dismiss a lawsuit by Jewish students who accused the school of allowing its campus to become a bastion of rampant antisemitism. In a complaint filed in January, six students accused Harvard of selectively enforcing its anti-discrimination policies to avoid protecting Jewish students from harassment, ignoring their pleas for protection, and hiring professors who support anti-Jewish violence and spread antisemitic propaganda. In a filing, Harvard told Stearns the lawsuit is “neither an effective nor legally appropriate vehicle to address antisemitism at Harvard.”
- New York state prosecutors face a July 24 deadline to respond to Donald Trump’s arguments as to why his conviction on criminal charges stemming from hush money paid to a porn star should be set aside due to the U.S. Supreme Court’s ruling on presidential immunity. Trump’s lawyers argue that jurors were improperly shown evidence of official acts that included Trump’s conversations with former White House aide Hope Hicks and some of his Twitter posts while he was in office. On July 1, the U.S. Supreme Court held that presidents cannot face criminal charges over official acts.
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Court calendars are subject to last-minute docket changes.
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- Capital One and Discover were hit with a lawsuit claiming their proposed $35 billion merger would reduce competition, drive up prices and should be stopped. The proposed class action filed by two Capital One customers said the deal, which would create the biggest U.S. credit card issuer by balance and sixth-largest U.S. bank by assets, would violate U.S. antitrust law.
- Whole Foods reached an agreement to settle a lawsuit accusing it of illegally firing a worker who refused to remove her Black Lives Matter facemask and complained about racism at the grocery chain, according to a court filing. Settlement terms were not disclosed.
- Red Lobster is moving closer to a bankruptcy sale that would put lenders, including Fortress Investment Group, in charge of the company after no other bidders stepped up with an offer to repay the struggling U.S. restaurant chain’s debt, according to court documents.
- Pop star Madonna and an arena owner asked a U.S. judge to dismiss a proposed class action that accused the singer of duping fans when she started a pair of concerts two hours late in Washington, D.C. last year. Madonna and the owner of Capital One Arena said in a court filing that they did not deceive fans by advertising an 8:30 p.m. start time for the downtown D.C. shows.
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- Polsinelli opened an office in Philadelphia with a group of at least 20 partners from Holland & Knight. (Reuters)
- Fried Frank hired Amy Johnson as a New York-based private equity funds and asset management partner. She most recently was at Goodwin. (Fried Frank)
- Paul Weiss brought on partner Liz Osborne in London as head of European restructuring. Osborne arrives from Akin. (Paul Weiss)
- Quinn Emanuel brought on disputes partner Hisaya Kimura in Tokyo from Nagashima Ohno & Tsunematsu. (Quinn Emanuel)
- Pryor Cashman added real estate litigation partner Maxwell Breed in New York from Warshaw Burstein. (Pryor Cashman)
- Venable hired Sean Franzblau as a partner in the firm’s investigations and white collar defense practice group. Franzblau, who is based in Chicago, was previously a supervisory attorney in the U.S. Attorney’s Office for the Northern District of Illinois. (Venable)
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The Supreme Court’s 2023 term was monumental by any measure, write Shay Dvoretzky, Emily Kennedy and Parker Rider-Longmaid of Skadden. The court issued a historic decision on presidential immunity as well as opinions preserving access to medicinal abortion and clarifying that the Second Amendment permits laws banning domestic violence offenders from possessing guns. But the term also left a significant imprint on areas of the law impacting businesses.
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