Stevens & Lee

In a decision impacting #employers and #employees nationwide, a federal judge prohibited the FTC’s enforcement of its ban on #noncompeteagreements -- scheduled to take effect on Sept. 4, 2024. In a 27-page opinion, the Court concluded that the FTC exceeded its statutory authority in issuing its #Noncompete Rule and Rule was arbitrary and capricious. Read our analysis: https://lnkd.in/gXbkagkF #laborlaw

We're thrilled to have Andrew Maher join our highly regarded #TaxExemptFinance Team in Valley Forge, PA. Andrew is a seasoned #publicfinance and #projectfinance attorney who serves as bond counsel and borrower’s counsel to a range of governmental, higher education and nonprofit organizations across Pennsylvania, and acts as underwriter’s counsel and bank counsel for financial institutions, brokerages and trusts. Read more: https://lnkd.in/euRzJ5Rh Welcome aboard!

The final state agency decision that denies your #bid specification challenge is directly appealable to the New Jersey Superior Court, Appellate Division within 45 days. We examine key considerations and approaches to filing an effective #appeal: https://lnkd.in/eCc9xpBk #appellatelaw

The Amicus Brief filed in Ryan, LLC v. FTC, in which the District Court granted the plaintiffs’ request for a preliminary injunction to the #FTC #noncompete ban set to go into effect on Sept. 4, 2024, contends (among other points) that the FTC does not have the statutory authority to apply its noncompete ban to #nonprofit entities including #nonprofithospitals and #healthsystems. We break down the various arguments and reasonings presented by the American Hospital Association and Federation of American Hospitals in its Amicus Brief: https://lnkd.in/g4zusVfG #healthlaw

The National Labor Relations Board (#NLRB) recently issued the finalized Fair Choice – Employee Voice Final Rule which, among a number of key updates, now allows the NLRB to block a #unionelection from taking place. We examine how the new rule impacts various aspects of #unionization. Read more: https://lnkd.in/gWUCKgbP #laborlaw

The arguments made in two recent cases, and the analyses and reasoning of the two U.S. district courts, will likely frame the arguments that the federal court judges and Supreme Court justices will consider in ultimately deciding the fate of the #FTC's virtual ban on all #noncompete agreements – which is effective on Sept. 4, 2024. We provide comprehensive analysis on the fundamental disagreement in the key cases of ATS Tree Services, LLC and Ryan, LLC. Read more: https://lnkd.in/eVYFVZUP #healthlaw #antitrust

Congress has added and subtracted #SupremeCourt justices many times in our nation’s history, so why did President Biden shy away from proposing a change in the Court’s size? We delve into the factors and policy history affecting President Biden’s decision to avoid #courtpacking: https://lnkd.in/eq5KpVUm #appellatelaw

Selecting a trustee with the skills, experience and time necessary to manage a trust can be a client’s most daunting task. Pennsylvania just enacted a statute that will make that task easier and position Pennsylvania more competitively. The new Directed Trust Act will take effect mid-October and enable the person who creates a trust to appoint a non-trustee to direct certain aspects of a trust’s administration. Learn more: https://lnkd.in/e9ZrQXuk

Since the Supreme Court's ruling on Loper, three hospitals sued HHS, three federal district court judges issued preliminary injunctions stopping HHS from implementing and enforcing its May 24 Final Rule on discrimination and the chairs of two Congressional committees issued letters to HHS. Loper plays a prominent part in each of these cases, and they illustrate in many respects how litigation post-Chevron is likely to proceed. Read the full post here: https://lnkd.in/eU6tCT_p

While it is true that an expression of intent is not necessary or appropriate for every transaction, if the deal is financially material to the parties, then utilizing a letter of intent (LOI) is likely worthwhile to ensure parties are on the same page before committing significant time and resources in conducting due diligence, drafting detailed transaction documents, etc. While most are familiar with the core terms of a LOI, such as purchase price, transaction structure and desired closing timelines, our latest Health Law Observer blog post offers up a set of additional, more detailed terms that may warrant consideration in an LOI: https://lnkd.in/eyw3NSUj