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Recent Trends in Non-Compete Agreements Are non-compete agreements (colloquially referred to as “non-competes”) on their way out? Over the past year, more states are either prohibiting the enforce ability of non-competes or greatly restricting their use, hinting at a growing trend away from non-competes. The Federal Trade Commission (“FTC”), which is always on the...

The Supreme Court continues to define the False Claims Act (“FCA”). In September 2022, Ward & Berry explained the possibility of the Supreme Court taking on a second FCA case¹ this term, and why we should care about it. Short answer: The “knowledge” aspect of the FCA is under heavy debate and any resolution...

Last chance for Federal Contractors to object to the release of their EEO-1 Reports by OFCCP in response to the Center of Investigative Reporting’s FOIA request. The Office of Federal Contract Compliance Program (“OFCCP”) is giving federal contractors two last chances to respond to its August 19, 2022 Federal Register Notice calling for objections...

“If it ain’t broke, don’t fix it.” – Justice Kagan The Supreme Court decided to dismiss In re Grand Jury as “improvidently granted” in its January 23, 2023 Order after hearing oral argument on the case earlier this month. In other words, after agreeing to hear the case, and instead of establishing clear law...

On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. On October 28, 2022, the Office of Federal Contractor Compliance (“OFCCP”) notified federal government contractors that they must now use the 2022 “Know Your Rights” poster instead of the 2009 “EEO is the Law” poster and the 2015...

The Committee on Foreign Investment in the United States (“CFIUS”) is cracking down on companies who fail to comply with CFIUS mitigation agreements and other legal obligations under section 721 of the Defense Production Act of 1950, as amended (codified at 50 U.S.C. 4565). On October 20, 2022, the Department of Treasury, chair of...