Vinson & Elkins’ Post

Good summary of the current status of the litigation pending against implementation of the FTC’s final rule banning noncompetes, and the recent amicus filing. #noncompete #litigation #employmentlaw #ftc ✨✨✨

FTC Non-Compete Rule Update - A Texas federal court has delayed the FTC’s non-compete rule for a few parties, with a final ruling expected by August 30. Another challenge may lead to a nationwide injunction. Employers should continue contingency planning. More updates will follow. #FTC #NonCompete #LegalUpdate #EmploymentLaw #BergerSingerman

Important decision on the cusp of a holiday weekend! Check out CLM's analysis of this important ruling in an FTC challenge case. The federal judge issued an order granting the plaintiffs’ request for a preliminary injunction enjoining the FTC from implementing the new rule. Read about the details here: https://lnkd.in/e3p_EDfH #noncompete #ftc by Jeff Boxer, Jonathan Trafimow and Alex Malyshev

Watch this space! Many family businesses have a family trust within their corporate structure. The ATO have been very vocal in recent years on their interpretation of the legislation but it seems their interpretation isn't standing up in court! #familybusiness #familytrust

Another decision that came about this week that brought great cheer, hardly had any precedent value yet again. SM allowed WP and quashed the order saying something like "now stop fighting you two, play nice!". Is that what courts are supposed to do? Courts must declare the law and lay down the interpretation that words used by lawmaker deserve. But when courts strive to mould relief, this is what happens. Look, the #GST we got is not the one we were promised. Not complaining, just stating. Yet nothing short of deft presentation seems to have persuaded the court. Of course, courts of equity will strive to mould relief. And in so doing end up legislating, giving taxpayers neither a decent precedent nor an accurate reading of the law. Is that what courts are supposed to do? Quashed the order, okay, what about the notice? Notice that survives is liable to be adjudicated again. Notices don't get quashed automatically. And relief was something like "You couldn't get cheese (file returns online)? Have chalk (file them offline) instead!". That's a solution? What even is a manual return? GSTR2-3 are omitted from the statute. It would've been nice if it wasn't what it is. And if it wasn't what has been, we wouldn't know what else could have been. But that's not what ought to have swayed the court. Given that 1-2B-3B is the extant law, by what means of statutory construction does one harmonize this decision? And if relief moulded is beyond the statute, what precedent is it? Relief that cannot be harmonized with extant law begs striking down or recurring injunction to Petitioner with directions (to Government) to reliably redress grievances. If neither of these, no other relief seems justified. Statutory construction is declaring the meaning that ought to be ascribed to words used by Legislature. But to enter domain of Legislature seems doubtful, and not a binding precedent at all. Legislating while moulding relief exposes delinquencies in the law. It is one thing to decry these delinquencies but it’s entirely different thing to rewrite the law. Is that what courts are supposed to do? In recent times, even SC has refrained from legislating and instead, advised GSTC to redress taxpayer's grievances expeditiously. And without impleading the portal-people, anchoring decision to glitches is grounds for intervention in WA. When 16(2)(d) is the only way to load credit ledger, nothing courts say can reload ECrL. Self-assessment is perilous in hands of ‘humans who err often’. Vesting conditions not complied operate as divesting conditions. Since taxpayer's tryst before AP and Patna HCs, any decision that appears to bring relief is celebrated just based on headnotes. Neither Petitioner nor other taxpayers got any real relief with this one. Logjam with 16(4) is not getting quietus any time soon. Anything sooner, must only be by some extra legislative act in H1 of 2024. Until then, taxpayers must persevere, and courts will do what they're supposed to do!

A Texas federal district court issued its decision on July 3, temporarily staying the FTC’s Non-Compete Rule in Ryan LLC v. Federal Trade Commission as applied to the Plaintiff and the Plaintiff-Intervenor organizations only (not the members of those organizations). Click the link below to learn more about this decision's key elements and other important takeaways. #FTC #NonCompeteAgreements #Antitrust

🚨 Federal Courts Split on FTC's Non-Compete Ban: A Tale of Two Districts In a developing legal saga, two federal courts have issued conflicting rulings on the FTC's new rule banning most non-compete agreements, set to take effect September 4, 2024. Judge Kelley B. Hodge of the Eastern District of Pennsylvania denied a motion to block the FTC rule, rejecting arguments that the FTC lacks authority and finding no evidence of irreparable harm to businesses. However, in a contrasting decision, Judge Ada Brown of the Northern District of Texas ruled that the FTC lacks substantive rulemaking authority in this area. Judge Brown issued a limited preliminary injunction against the rule in Ryan LLC v. Federal Trade Commission, applying only to the four plaintiffs in that case. The Plot Thickens: 🕰️ Countdown to Clarity: Judge Brown's final ruling expected by August 30 🔮 Crystal Ball Needed: Future of non-competes hangs in legal limbo 🏋️♀️ Employers' Balancing Act: Prepare for change while navigating uncertainty 🎭 Supreme Court Stage? This judicial drama may be heading for a grand finale This stark divide between federal courts sets the stage for a potential Supreme Court showdown on the FTC's authority and the future of non-compete agreements in the U.S. #EmploymentLaw #NonCompete #FTCRuling #LegalDrama

In an article for The Legal Intelligencer, Lisa Presser and Brian M. Balduzzi, Esq., Tax LL.M., MBA, CFP®, CEPA® discuss the recently signed Act 64 of 2023 from which grantors of Pennsylvania irrevocable trusts may now elect to pay the income taxes on the trusts’ income. #Pennsylvania #EstatePlanning #Trusts #Tax #Law

Find out more about when the IRS takes action against taxpayers who do not meet their legal obligations via our new blog post from Joseph Modica & Associates, Ltd.. Just click below.

"To calculate property taxes, municipalities use a unit called a "mil" — one dollar for every $1,000 of the assessed value of a property, " writes Min Xian of Spotlight PA State College. "But the assessed value of properties does not always reflect their true market value, and how reliable that figure is heavily depends on how recently a county performed a reassessment." Sam Wiser, Salzmann Hughes, P.C. Shareholder and Municipal Law practice group chair, recently spoke with Spotlight PA about what causes this disparity, and what potential fixes exist. Read the article from the series, "How Government Works" below: