Newsletter
No More Non-Competes?
In January 2023, the Federal Trade Commission (FTC) released its proposed plans for a ban at the federal level on non-compete provisions in employment agreements. While some states have bans in place, no federal ban currently exists. Not surprisingly, the FTC’s proposal has drawn mixed responses, and threats of litigation.
Social Media – Suing the “Influencers”
We are all on social media daily. Facebook, YouTube, Instagram, TikTok – they have become part of the fabric of our daily lives. And, many of us follow and rely on “influencers” on these social media platforms for suggestions and guidance about what to buy, wear, and even where to invest money. However, disputes concerning advice from some social media influencers has found its way to the courthouse.
DOJ Continues to Have Corporate Criminal Conduct in its Crosshairs
In September 2022, the Department of Justice (DOJ) released a memo, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group,” announcing new changes to the DOJ’s corporate criminal enforcement policies. These revisions are considered some of the most sweeping changes ever implemented by the agency and effect every U.S. company…
Short-Term Rental Ordinances
Short Term Rentals (STRs) have exploded in popularity, with services such as Airbnb and VRBO leading the way. We have all likely used an STR for our personal or business travel accommodations, and many people have jumped in to try to rent their properties for a profit. There are also reports of private equity groups buying properties for the exclusive purpose of renting them via STR platforms…
Avoid Hurricane Disputes Now!
Hurricane Season for Texas Ended On October 1, But Now is the Time to Prevent a Coverage Dispute Next Year. Last week, Hurricane Ian caused significant damage across Florida and South Carolina – just the most recent natural disaster to hit the United States…
Twitter is Still in the Legal News ….
Whistleblower Alleges Serious Security Flaws, Negligence, and a Cover-Up. With the Musk-Twitter legal battle scheduled to head to a Delaware courtroom in October, Twitter is suddenly facing a new and potentially devastating legal issue.
Twitter v. Elon Musk
A Look at the Possible Outcomes of a Very Public Battle. It has been a whirlwind of headlines. It started in March, when Elon Musk began accumulating a large position in Twitter, resulting in the company adopting a poison pill to remain independent…
Layoffs, Defamation…and An Elephant is Not a Person
As we head into the heat of the summer, we’re taking a break from the usual format to highlight three very different cases that we hope our readers find interesting. Following Layoffs, Tesla Sued by Workers Alleging Violations of WARN Act: Elon Musk announced at the beginning of June that Tesla would cut about 10% of its salaried workforce…
Recent Fifth Circuit Decision Sharply Attacks SEC Rule Making Power
Last month, the US Court of Appeals for the Fifth Circuit issued an opinion in Jarkesy v. SEC that could have some interesting and significant implications for the future of the SEC. The case involves a hedge fund manager, George Jarkesy, who was accused of deceiving investors to raise $24 million…
Musk’s Buy-Out of Twitter Fuels Lawsuit Against Him for Excessive Pay
As readers may have heard, Elon Musk signed an agreement on April 25 to take Twitter private for approximately $44B in cash. The deal is expected to close in 2022, but analysts say that it might take up to 6 months to work through any regulatory issues and conduct the shareholder vote…