FTC Appeals Nationwide Stay of Rule Banning Non-Compete Clauses Richard Bar, Rachel Amster In October of 2024, the Federal Trade Commission (FTC) appealed a federal Texas District Court’s (Texas Court) order setting aside the FTC’s Non-Compete Clause Rule (Rule) which banned almost all new noncompete clauses. The Texas Court’s set aside applied nationwide and prevents […]
Late last night, December 26, 2024, a Fifth Circuit Panel has reinstated the nationwide injunction blocking the enforcement of the Corporate Transparency Act (the “CTA”). In the order, the Court stated that “in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments, that part of the motions-panel […]
Yesterday afternoon, December 23, 2024, we learned that the United States Court of Appeals for the Fifth Circuit revived the immediate enforceability of the Corporate Transparency Act (CTA). The Fifth Circuit’s decision stayed the preliminary injunction issued on December 3, 2024, and allows the federal government to continue enforcing the CTA while litigation in Texas […]
Following last week’s enjoinment of the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) has announced that reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. Reporting companies may, however, continue […]
Late Tuesday afternoon (December 3, 2024), we learned that the U.S. District Court in Texas has enjoined the enforcement of the Corporate Transparency Act (the “CTA”) in part due to the question of whether the CTA is constitutional and beyond the powers instilled to Congress. For reference, this was decided in a case titled Texas […]
GKG Law’s Steve Fellman and Rich Bar were published by MedPage Today on October 24. Their article, “Professional Boards Take Heed,” can be seen in its entirety here and below. Op-Ed: Professional Boards, Take Heed Minimizing antitrust risks in light of recent rulings While 2020 has been fraught with uncertainty, at least one thing is quite […]
GKG Law Of Counsel Steve Fellman and Principal Rich Bar authored an article published by the American Society of Association Executives (ASAE) on October 20. See complete article here and below. Is it a violation of antitrust law for a certification board to require approved continuing education for professionals who wish to maintain their certification? A federal […]
SURFACE TRANSPORTATION BOARD RISING TO FULL STRENGTH JUST AS BEGEMAN'S TERM CLOSES AND THE POLITICAL SEAS (POTENTIALLY) CHANGE. The United States Surface Transportation Board (STB) is on the verge of a significant transition. Coming changes are in the Board’s composition and the possible effects on its regulatory process. Rail transportation professionals should consider ways in […]
GKG Law Principal Katie Meyer authored an article published by the American Society of Association Executives (ASAE) on September 24. See complete article here and below. Association HR staff should review policies and practices around hiring and termination to reduce the likelihood that implicit bias is influencing their process and leaving their staff less diverse. […]
The new normal developed in response to the coronavirus pandemic has radically changed the way that professional services are provided to consumers. For many professions, working remotely rather than in an office setting has become pervasive. Virtual physical exams have become commonplace in health care. Virtual education is the norm for students from preschool through […]