Update: Federal Court Challenges to Federal Trade Commission Final Rule Banning Non-Competition Agreements

Earlier this year, we wrote a blog post about the Federal Trade Commission (“FTC”) issuing its Non-Compete Clause Rule (“Final Rule”) which is meant to prohibit non-competition agreements nationwide.[1] To recap, noncompetition agreements (“non-competes”) generally are provisions in contracts whereby an employee agrees not to enter into competition with an employer after their employment period …

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Cooperatives and Limited Cooperative Associations: Their Differences and When to Use Them

Introduction Cooperatives are a unique business model, emphasizing democratic control, equitable distribution of benefits, and member participation. Within the cooperative world, two common structures are cooperative corporations (simply “cooperative(s)”) and limited cooperative associations (“LCA(s)”). While these two forms share fundamental principles, they contain key important differences in their legal frameworks and operational flexibility. This blog …

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Federal Trade Commission Issues Final Rule Banning Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) issued the Non-Compete Clause Rule (“Final Rule”) prohibiting non-competition agreements  nationwide.[1] Noncompetition agreements (“non-competes”) generally are provisions in contracts whereby an employee agrees not to enter into competition with an employer after their employment period with that employer is over. While state statutes have targeted non-competes …

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Compliance Spotlight for 501(c)(3) Nonprofits: Avoiding Private Benefit or Private Inurement Issues

It takes a lot of planning, thoughtfulness, and attention to technical detail to become a 501(c)(3) public charity[1]. These organizations have applied for and received tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (the “I.R.C.”) which means they are eligible for exemption from paying federal corporate income tax and are typically also eligible …

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Demystifying Data Privacy: an Overview and Compliance Discussion of Major Data Privacy Laws

This blog post will explore the intricacies of major data privacy law frameworks applicable organizations and businesses, including the European Union’s General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA). While these regulations may be specific to only those jurisdictions, they are important to understand because the CCPA is rooted in GDPR …

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