Non-Compete Agreements – Where Are We?

Richard Bar, Rachel Amster Non-compete agreements, especially for high earners, remain in use and enforceable in most states despite a recent federal public policy debate which seems to disfavor them. The FTC’s Notice of Proposed Rulemaking earlier this year called into question the durability of certain restrictive covenants, including non-compete agreements. However, expectations about the […]

DOL Seeks Comment on Proposed Rule for Classifying Contractors and Employees

DOL Seeks Comment on Proposed Rule for Classifying Contractors and Employees   The Department of Labor (DOL) is seeking comments regarding a proposed rulemaking that would make it more difficult for corporations and associations to classify some workers as independent contractors.   The proposed rule would consider a number of factors in assessing workers’ roles, including whether […]

Navigating Key Legal Issues of Hybrid & In-Person Events Post-COVID

On April 28, members of GKG Law's Trade & Professional Associations team will be running a workshop in conjunction with Association TRENDS. The half-day workshop, Navigating Key Legal Issues of Hybrid & In-Person Events Post-COVID, will be led by practice group leader Rich Bar, and principals Katie Meyer and Oliver Krischik, and will feature two separate open forum sessions from […]

To Sign or Not to Sign: The In Person Event Dilemma

GKG Law Associations Practice Leader Richard Bar was invited to serve as a panelist for the Association TRENDS Your Association, COVID-19 & The Future virtual two-day town hall event. Rich's panel, "To Sign or Not to Sign: The In Person Event Dilemma," took place on December 3 at 12:05 p.m. ET. During this session, Rich and his co-panelists discussed some of the decisions […]

Assessing and Managing the Inherent Risks to Your Certification Program

GKG Law's Rich Bar served as a featured speaker at the Institute for Credentialing Excellence's (ICE) 2020 ICE Virtual Exchange on November 10. Rich and his co-presenters, American Board for Certification In Orthotics, Prosthetics, and Pedorthics Executive Director Catherine Carter and National Commission for the Certification of Crane Operators Director of Operations Joel Oliva, discussed Assessing and Managing the Inherent Risks to Your […]

Association/Nonprofit Board of Directors: Governance, Risk Management & Training

GKG Law's Rich Bar served as an instructor for a U.S. Transactions Corp. webinar on November 5. Rich's webinar, Association/Nonprofit Board of Directors: Governance, Risk Management & Training, was targeted to CEOs, COOs and CFOs. Attendees learned how to better equip board members and directors for success in their roles; how to ensure the board continuously works […]

Professional Boards, Take Heed

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 […]

New Legal Support for Continuing Education Requirements in Certification Programs

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 […]

SmileDirect Decision Reveals Antitrust Risk For State Boards

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 […]

Trade Groups Face Antitrust Questions In Pandemic Response

For most trade associations and professional societies, the coronavirus pandemic has resulted in major reductions in members' revenues. With retail stores closed and professional practices dependent on virtual meetings between professionals and clients/patients, nonessential industries and professions experienced devastating decreases in revenues. Now that the economy is reopening, members of trade associations and professional societies […]

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