clauses

Greg Care quoted as legal authority by several media outlets on how the incoming Trump administration could impact the FTC’s rule banning most employment non-compete clauses. – Go Health Pro

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Greg Care quoted as legal authority by several media outlets on how the incoming Trump administration could impact the FTC’s rule banning most employment non-compete clauses. – Go Health Pro

Partner Greg Care was quoted on how the 2024 Presidential election results could impact the FTC’s rule banning most employment non-compete clauses in several media outlets, including Legal Dive – whose story was also picked up by Yahoo Finance – Radio Ink Magazine, Daily Dot, and employment agency Staffing Industry Analysts. The Legal Dive and … Read more

Litigation update on the FTC’s rule banning most employment non-compete clauses – Part 6 – Go Health Pro

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By Greg Care As we’ve discussed in prior blog posts, there is an ongoing legal fight over the fate of the Federal Trade Commission’s (FTC) rule banning nearly all employment non-compete provisions nationwide. The two fronts of this fight remain—for now—in the appellate courts of the Fifth Circuit (Ryan LLC v. Federal Trade Commission, No. … Read more

Litigation update on the FTC’s rule banning most employment non-compete clauses – Part 5 – Go Health Pro

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Litigation update on the FTC’s rule banning most employment non-compete clauses – Part 5 – Go Health Pro

By Greg Care Litigation is continuing over whether the Federal Trade Commission (FTC) has properly banned nearly all employment non-compete provisions nationwide. As discussed in a prior update, one of the three cases (ATS Tree Services, LLC v. Federal Trade Commission, where the FTC won an initial fight) was dismissed by the rule’s challengers, so … Read more

Reciprocity and the temporal scope of jurisdictional clauses in erga omnes partes proceedings? – EJIL: Talk! – Go Health Pro

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Reciprocity and the temporal scope of jurisdictional clauses in erga omnes partes proceedings? – EJIL: Talk! – Go Health Pro

On 12 November 2024, the ICJ released it judgment on preliminary objections in the Azerbaijan v Armenia. As the parallel case of Armenia v Azerbaijan, it invokes alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and is based on the compromissory clause in Art 22 CERD. Although lodged following the Second Nagorno-Karabakh War between the two parties, Azerbaijan alleges violations dating back to the 1990s (the First Nagorno-Karabakh War). In that context, the Court had to examine the limits of its temporal scope of jurisdiction in the context of obligations erga omnes partes. More specifically, Armenia contended that the Court lacked jurisdiction over conduct during a period when Armenia already was a party to CERD, but Azerbaijan was not (between 23 July 1993 and 15 September 1996). Thus, it revolved around whether Azerbaijan could (at least in parallel (see below) on an erga omnes partes basis) demand compliance with treaty obligations to which it was itself not yet bound. The Court upheld this (first) preliminary objection, basing itself on ‘the principles of reciprocity and equality of States’. In doing so, it infused the doctrine of erga omnes partes with bilateralist structures.

Presumption of temporal flexibility for jurisdictional clauses

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How the Presidential election could impact the FTC’s rule banning most employment non-compete clauses – Part 4 – Go Health Pro

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How the Presidential election could impact the FTC’s rule banning most employment non-compete clauses – Part 4 – Go Health Pro

By Greg Care In this blog article, I’ll be discussing how the recent election cycle is likely to affect the FTC’s rule prohibiting nearly all non-competes. Spoiler alert: things look bleak for the rule’s supporters. In the early morning hours after Election Day 2024, the Associated Press called the Presidential election in favor of Donald … Read more

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