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In 2021, the District of Columbia passed a “Ban on Non-Compete Agreements” (the “Ban”) purporting to ban most non-compete agreements, except in connection with the sale of a business.

March 8, 2022
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Insight

Can an employee working for an Illinois company bust their non-compete by resigning after 1 year and 364 days of employment?

January 14, 2022
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Insight

When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess. Companies under investigation by the Department of Justice (“DOJ”) often agree to have a court-appointed monitor as part of a Deferred Prosecution Agreement or Non-Prosecution Agreement. The monitor — generally a former…

November 22, 2021
Insight
Insight

News outlets have run wild with coverage of President Biden’s July 9, 2021 Executive Order (the “EO”), encouraging the Chair of the Federal Trade Commission (“FTC”) to work with the “rest of the Commission” to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

July 13, 2021
Insight
Insight

As schools across the country struggle to help students keep up with their studies during the pandemic, a New York-based nonprofit is having a moment — one that has the real potential to become a movement. “We see a world in which the basic paradigm flips and schools have new capabilities to meet the unique…

June 24, 2021
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Insight

A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations. White-collar probes are expected to rise now that President Biden is in the White House, reversing a trend that saw the prosecution of white-collar…

June 24, 2021
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Insight

My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in commercial litigation.

May 12, 2021
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Insight

The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not to solicit or hire its competitor’s contract nurses and to fix wages for those nurses.

April 8, 2021
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Insight

On March 15, 2021, the District of Columbia’s new “Ban on Non-Compete Agreements Amendment Act of 2020” is projected to pass Congressional review and become law.

V&E Government Contracts Update

March 10, 2021
Insight
Insight

As one of the top former prosecutors in the country, Zachary Terwilliger has an intimate understanding of how to get clients out of the government’s crosshairs. He’ll counsel companies on how to avoid problems before they start; help clients identify existing problems and determine whether remediation is necessary; and zealously represent clients who are the…

February 9, 2021
Insight
Insight

Last week, the mayor of Washington, D.C. signed into law the “Ban on Non-Compete Agreements Amendment Act of 2020.”

January 20, 2021
Insight
Insight

It was a moment that many had been anticipating for years, yet the latest crop of V&E partners didn’t fete their promotions with parties and champagne. Instead they fielded congratulatory phone calls, took part in virtual coffee breaks and held small celebrations at home with their families. But pandemic-related complications notwithstanding, the new partners —…

December 16, 2020