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Legal Thoughts

January 24, 2023 No Comments

Your (Almost) Illegal Noncompete

A proposed Federal Trade Commission rule outlaws noncompetition restrictions on workers, regardless of their job function or compensation level. Not only would new noncompetition agreements be prohibited, but employers would be obligated to cancel existing noncompetition agreements and notify workers that their non-compete is no longer effective. The FTC estimates 30 million employees would benefit […]

January 7, 2021 No Comments

Reporting Personal Information of Business Owners

Happy New Year from Congress! Overriding President Trump’s veto, on January 1, 2021, Congress passed the Corporate Transparency Act to require reporting personal information of business owners. Millions of small businesses will be required to report the names, birth dates, addresses and driver’s license numbers of their “beneficial owners” (those who own 25% or more […]

December 5, 2020 No Comments

Two Questions with a $5.8 Billion Answer…

Q1. Can an acquirer cancel a hotel chain acquisition if the business suffers a “material adverse effect” (“MAE”) after the M&A agreement is signed? On November 30, 2020, a Delaware court answered this question by analyzing the following COVID-19 scenario: two out of 15 hotels were closed; food and beverage operations in the remaining 13 […]