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The federal Fair Trade Commission started 2023 with a bang by announcing a newly proposed rule that, if adopted, will categorically ban non-competes for almost all U.S. workers – including independent contractors. Under the proposed rule, the ban not only applies to new non-compete provisions, but will effectively…

As the new year begins, many employers are taking the time to consider areas for potential advancement when it comes to company culture. As part of this, employers may be asking how they can further create welcoming workspaces for a diverse and inclusive workforce, including DEI initiatives. DEI…

A new Federal law recently passed targeting non-disclosure and non-disparagement clauses in the employment context. The 2022 Speak Out Act prohibits U.S. employers from using these kinds of provisions to prevent employees from disclosing or discussing disputes involving workplace sexual harassment and assault. However, the new law only applies…

On November 10, 2022, the FTC issued a new Policy Statement greatly expanding its scope of antitrust enforcement powers under Section 5 of the FTC Act.[1] The new Policy Statement makes it clear that the FTC will no longer limit its Section 5 enforcement powers to…

The Virginia Consumer Data Protection Act (VCDPA) goes into effect on January 1, 2023 but covered entities should begin preparing now to work toward compliance. Below is an overview of the key aspects that businesses should be aware of. Who does it apply to? The VCDPA…

Although the focus on remote work began as a means for businesses to continue operations, the reality is that remote work is here to stay for many businesses. Over the past two years, many employees have moved locations within the US and this increased remote workforce has resulted in…

This summer, D.C. Mayor Muriel Bowser signed into law the Non-Compete Clarification Amendment Act of 2022. This new provision significantly limits DC’s original ban on non-competition agreements and will take legal effect on October 1, 2022.  Similar to laws in Maryland and Virginia, this law will focus on income…

This is a continuation of a blog I wrote in February 2020. At that time, no United States court had directly ruled on whether an artificial intelligence system could be an inventor. Now they have, and it’s time to update the story. Recent Court Decisions:…

Cyber-attacks can have catastrophic consequences on all areas of a business. But, have no fear— businesses can reduce these risks and mitigate potential financial loss by obtaining strong cyber liability coverage coupled with an emphasis on enhancing cybersecurity posture. Recent Data on Cyber-Attacks A cyber-attack was listed…