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Non-Competes: What the FTC’s Rule May Mean for Health Care & Life Sciences Providers
Roger D. Strode, Mark C. Grundvig, Kate L. Pamperin, Joseph T. Simon, and Benjamin R. Dryden (Foley & Lardner LLP)
8 pages

On April 23, 2024, the U.S. Federal Trade Commission finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States.

While certain health care providers will be exempted from the rule, many will not. As such, and if the rule survives legal challenge, health care industry participants should carefully consider how the rule will impact their recruitment and retention strategies going forward.

Resource Details
Interest Area: Health Law, Employment and Labor
Region: United States
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A Joint ACC Connecticut and ACC Westchester-Southern CT WEBINAR

MAY 14  (No Charge), 10 AM-11:30. 

This Webinar will provide an in-depth look at the FTC’s new rule banning non-competes and offer practical advice on how to comply with the rule while safeguarding a company’s rights and interests.  

Among other topics, the Webinar will cover:

  1. Understanding the scope of the FTC rule and its impact on companies doing business in Connecticut and New York.
  2. What companies should do while the FTC rule is pending.
  3. Proactive measures companies can take protect competitively sensitive information.

 

Employee terminations are all difficult—but some are more difficult than others. In this webinar, Barran Liebman partner Chris Morgan will provide best practices for managing high-risk terminations, as well as safeguards to ensure even the most complex terminations are handled with professionalism and in a manner that limits potential legal exposure.

All corporate counsel may attend this event regardless of membership in the ACC.  This CLE is also open to HR stakeholders in your company too--please share this online event with you colleagues!

Please click on the link for more details and to register. 

This 1-hour session focuses on the essential issues that in-house counsel needs to know to advise on these issues, and to manage litigation together with external counsel.  

Drafting and litigating employment agreements represent ever-present and challenging issues for any employer and, consequently, for in-house counsel. The law is constantly evolving and less-than-cutting-edge drafting and terms can lead to problems in enforceability and litigation.   

You will hear about the latest learnings and insights from the courts and practice on the most pressing issues relating to your employment contracts, including:  

• Termination clauses  

• Restrictive covenants 

• Independent contractor vs. employment relationships, and, 

• Fixed term vs. indefinite term contracts. 

Looking for a way to help our community and share your employment expertise for a good cause?  Join Pro Bono Partnership of Atlanta for Rapid Remedy: Employment Projects!  You’ll be working with attorneys from Seyfarth Shaw to improve the operations and abilities of Metro Atlanta nonprofits to serve low-income and disadvantaged individuals. 

PBPA’s Rapid Remedy brings together small groups of employment attorneys to resolve a particular legal issue for a nonprofit client in just one day. The Seyfarth Shaw & Association of Corporate Counsel – Georgia Chapter Rapid Remedy is focused on employment projects for clients. Sample documents and detailed client employee information will be provided prior to the event. 

Agenda 

12:45pm                     Arrival and Check In 

1:00 -2:00pm             Lunch and CLE: Professionalism Considerations in Representing the Pro Bono Client 

This CLE will address professionalism in Georgia and working with small nonprofits. The CLE will prepare the attorneys to provide pro bono assistance to a small nonprofit.  

2:00 – 2:15pm          Break 

2:15 – 5:00pm           Client Meetings 

5:00pm-6:00pm    Happy Hour Reception hosted by Seyfarth Shaw 

 

 

INTERESTED? PLEASE CLICK HERE TO REQUEST TO PARTICIPATE  

BEFORE MONDAY, APRIL 29TH. 

PLEASE NOTE THAT REGISTRANTS ARE EXPECTED TO MAKE EVERY EFFORT TO ATTEND AND PARTICIPATE IN THE ENTIRE EVENT INCLUDING THE CLIENT MEETING. 

 

If you have additional questions about Rapid Remedy,  

please email Jessica Caldas at jessica.caldas@pbpatl.org or Lori Shapiro at Lori.shapiro@pbpatl.org 

Post-employment non-competes are under attack nationwide.  At the federal level, the Federal Trade Commission has passed a rule that would ban them nationwide, the General Counsel of the National Labor Relations Board has deemed their use and enforcement to constitute unfair labor practices, and other administrative agencies are getting in on the act.

In the states, Minnesota became the first in over a century to ban non-competes, the New York and Maine legislatures passed bans that were vetoed, California expanded the reach of its non-compete ban, and numerous states have placed limitations on the use and enforcement of non-competes over the past decade.

Please join ACC Board Member Krista Green Pratt, Chief Employment Counsel at Biogen, and Epstein Becker Green attorneys Kate Rigby and Erik Weibust on May 7th for a practical, interactive discussion on what employers can do in this changing world of non-competes.

Topics will include:

  • Drafting enforceable multi-state restrictive covenant agreements;
  • Utilizing other protective measures; and,
  • Training employees to protect company information and relationships—while incentivizing them to do so.

Register below.

Join ACC Western PA at PNC Park for a day of learning and networking. Whether you are a seasoned professional or a newcomer to the field, this event is perfect for in-house counsel. Don't miss out on this opportunity to expand your knowledge and network. Registration & Breakfast: 8:00 a.m. to 8:50 a.m. Morning Session: 8:50 a.m. to 12:10 p.m. Lunch: 12:10 p.m. to 1:10 p.m. Afternoon Session: 1:10 p.m. to 4:30 p.m. This program has been pre-approved for five hours of PA substantive CLE credit and one hour of PA ethics credit.

Corporate Counsel University® (CCU) is the leading onboarding and networking opportunity specially tailored for new in-house lawyers. CCU is the ideal program for members with less than five years of experience in a corporate legal department, as well as those seeking to refresh their basic practice skills.   

Complete Program Here

Why send your team?

Shorten your new in-house attorneys' learning curve and ensure they hit the ground running, contributing effectively from the start. Counsel University® (CCU) is the leading onboarding and networking opportunity specially tailored for new in-house lawyers. 

 

CCU is the ideal program for members with less than five years of experience in a corporate legal department, as well as those seeking to refresh their basic practice skills. 

By attending CCU, you will:

  • Dig deep into employment law, contracts, litigation, accounting, and more topics;
  • Gain invaluable tools to improve the interpersonal skills needed to communicate effectively throughout your organization;
  • Learn practical tips and actionable next steps to bring back to the office and use immediately;
  • Exchange ideas and issues with your peers and top legal service providers on how to be more efficient and effective.
  • The fundamentals of severance agreements
  • The newest laws and their impact
  • Typical severance packages in today’s market; and
  • Common negotiation points and tactics

 Pro Bono Banner 06.07.24

Please join us on the Zoom platform for our ACC-SFBA employment law consultation for 501(c)(3) nonprofit organizations. This event is presented by Cozen O'Connor and organized in conjunction with the Justice & Diversity Center of the Bar Association of San Francisco (JDC).

FRIDAY, JUNE 7, 2024

The afternoon will consist of:

12:00pm: Lunch Delivery & Introductions
12:15 - 1:45pm: Volunteer Training (CLE #1: 1.5 hours California Credit)
1:45 - 2:00pm: Breakout Room Prep Time for Volunteers
2:00 - 2:15pm: Non-Profit Introductions
2:15 - 4:00pm: Consultations
4:00 - 4:15pm: Break
4:15 - 5:15pm: "Hard to Get" CLE Happy Hour (CLE #2: 1.0 hour California Credit)

The event starts with a virtual CLE training session entitled "Employment Law Legal Audit for Nonprofit Organizations", by Cozen O’Connor, to update ACC members on employment law in California. Next, members will be placed into small teams (with one or two other attorneys) to meet with their assigned nonprofit clients. Teams will have a couple hours to help their clients identify employment law issues and to counsel their clients. Cozen O'Connor employment attorneys will be standing by to assist with challenging questions.

All ACC members are welcome, regardless of your level of experience - you do not have to be an employment attorney to participate, and you are not required to provide pro bono services to your assigned clients after this event. You must be barred in the State of California for insurance purposes.

Examples of the types of non-profits these events have helped in the past include:

  • An organization that empowers young mothers to complete their high school and post-secondary education and nurtures their children’s development
  • An organization that supported low-income families during the pandemic by distributing packages of education essentials
  • An organization that works on behalf of low-income immigrants and refugees through advocacy, education, legal services, and other community-based services

We will close the day with the "Hard to Get" MCLE Happy Hour.  Cozen O'Connor will host a wine & cheese reception at your desk and offer a NEW "Hard to Get" MCLE, Civility in the Legal Profession.

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