Amber Gonzales

#FTC Bans Most Non-Competes, Litigation Inevitable In a partisan vote of 3-2, the FTC, led by controversial Chair Lina Kahn, has voted to ban most employment-linked non-competes. But multiple legal challenges will follow, and they are highly likely to be successful. Rationale: The agency contends that approximately 30 million workers, or about 20% of the U.S. work force, are subject to a non-compete. FTC projects increases in wages resulting from its ban of something in the neighborhood of $300 billion per year, with employees having greater negotiation leverage and engaging in increased “job hopping”. No Help for Senior Executives: Senior executives, however, get carved out from the ban, supposedly because their non-competes are presumed to be a function of negotiation. Potential #Whistleblower Impact?: Because some potential whistleblowers have non-competes and are concerned that they may be frozen out of alternative employment if they are terminated or otherwise leave their employment, the ban, if implemented, could lead some employees to come forward with allegations of employer misconduct where they would not otherwise have done so. But Litigation Is Inevitable: The dissenting commissioners, both Republicans, acknowledged the inevitability of litigation in recording their “no” votes. One went so far as to predict the ban would be overturned. Claims: Plaintiffs interested in challenging the ban—and there are a whole lot of them—will be eyeing a long list of potential claims. Those will include that the FTC’s enabling statute does not authorize the ban, that the ban is otherwise arbitrary and capricious under the Administrative Procedure Act, and that Congressional authorization for such a fundamental rewrite of the relative roles of state and federal government in regulating non-competes runs afoul of the “major questions” doctrine. That doctrine prohibits agencies from seeking to address issues, not specifically delegated to them by Congress, where the issue has “vast economic and political significance”. Critics see the ban as the “quintessential” major questions problem. Courts: Multiple challenges will be filed in multiple courts, but a healthy bolus will be filed in decidedly regulation-skeptic jurisdictions, like the U.S. 5th Circuit, which includes Louisiana, Mississippi, and Texas. Stay tuned, folks, we are in for a bumpy ride here. #noncompetes #LinaKahn #majorquestions #apa #fca #healthcarefraud #healthcarecompliance

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Civil Appeals in California State Court: A Step-by-Step Guide for Trial Attorneys, 5/22. Presented by the ACBA Appellate Law, Trial Practice, and Barristers Sections. Is the notice of appeal filed in the trial or appellate court, and when is the deadline to file it? What’s the record on appeal, and how is the record designated? What are the standards of review governing appeals? How are briefing and oral arguments at the Court of Appeal different from the trial court? In this program, an appellate attorney who spent decades as a research attorney at the California Court of Appeal will explain the appellate process in state court civil cases. This program is designed primarily for attorneys unfamiliar with the state court appellate process but would benefit attorneys at all experience levels.  https://lnkd.in/gQujUan8 Speaker: Melanie Gold

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In this food and consumer packaged goods notable ruling roundup, partner David T. Biderman and counsel Tommy Tobin highlight the following cases. https://bit.ly/4bh93nJ ◾ In Re Plum Baby Food Litigation: the Northern District of California granted summary judgment in an action challenging defendant's baby food products regarding allegedly undisclosed heavy metals. ◾ In Re: Recalled Abbott Infant Formula Products Liability Litigation: the Seventh Circuit upheld the dismissal of a putative class action involving the voluntary recall of defendant's powdered infant formula due to unsanitary conditions at one of their facilities. #ConsumerProducts #ConsumerPackagedGoods #Marketing #Advertising

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The California Law Revision Commission has begun its deep dive into California antitrust law, to help shape the proposed statutes it will write for recommendation to the state legislature. To follow along, please follow this link: https://lnkd.in/gyjqVpAu Here is the first report received, from some of the leading scholars in the country knowledgeable about Single Firm Conduct: https://lnkd.in/grgwM2qn One June 20, 2024, the Commission will analyze the second report and will hear, from the following experts, about Mergers and Acquisitions: Prof. Jonathan Baker, American University Washington College of Law; Prof. Richard Gilbert, UC Berkeley ; Prasad Krishnamurthy, UC Berkeley Law; Prof. John Kwoka, Northeastern University, Economics; Prof. Daniel Sokol, USC Gould School of Law, Marshall School of Business; and Prof. Guofu Tan, University of Southern California, Economics.

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Calling all process nerds!! Big things are happening in California Civil Procedure. So many cases, perhaps most, already live or die by fealty to required process or the lack of it. Wiemond and I are excited to share insights and expectations about the new requirements and their impact on litigation in California. #processmatters #civpronerds #hansonbridgett #cadiscoveryact

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The U.S. Supreme Court issued its decision today in Starbucks Corp. v. M. Kathleen McKinney, providing an important clarification on the standard a federal court should use when considering a “10(j) injunction” request from the National Labor Relations Board. The Court ruled that requests for injunctions from the NLRB should be analyzed under the same standard applied to other requests for injunctions. Today’s decision provides employers with much-needed assistance in slowing down the NLRB’s runaway train approach in these cases. For more information about the Court's ruling, visit our website: https://conta.cc/3VvoLpM #Nevada #employmentlaw #management #lasvegasbusiness #kzalaw

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Horvitz & Levy LLP #atthelectern 🔍 “Sexually Violent Predator Order Vacated: Counsel Replacement Failure and Lack of Representation” 🔍 Summary of Key Points: The article discusses a case where a sexually violent predator order was vacated due to two main reasons: *Failure to Replace Counsel: The court found that the defendant’s counsel was not adequately replaced, leading to procedural issues. *Lack of Counsel: The absence of legal representation during critical proceedings raised concerns about due process. https://ow.ly/WJsU50RRoEq

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Are you a #paralegal, #lawyer, #investigator, #legaleducator or other legal professional, who likes to write? Do you have a topic in mind that would be perfect for a paralegal audience? Consider writing a piece for the San Diego Paralegal Association! Reach out to the email shown in the flyer 👇 below.

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Nearly half of law firm associates believe law school did not adequately prepare them for practice, a new survey has found.   Many of the 31% of respondents who said their law firm experience did not meet their expectations in law school cited legal education’s focus on litigation and a lack of training in the type of legal work they now do.   The survey also asked the associates what they would change about their law firm experience.   In this week’s audiogram, we analyze the results of the survey by legal recruiting firm Major, Lindsey & Africa and legal data intelligence provider Leopard Solutions.   Read the full story by Karen Sloan 👉 https://reut.rs/4aZncGT  🎤 Shruthi Krishnamurthy shares audio legal updates weekly!  #lawschools #lawyers #legalindustry #legalnews #legal

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My latest read is World War 3.0. It covers the U.S v. Microsoft antitrust case. If you do not believe depositions are critical to cases take a read. Bill Gates’ deposition is a major factor in the case and trial. Depositions are critical in today’s litigation environment and adequate preparation for them is paramount.

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HUGE BREAKING NEWS: FDIC FILES AMICUS BRIEF SUPPORTING COLORADO ATTORNEY GENERAL IN LAWSUIT CHALLENGING VALIDITY OF NEWLY ENACTED COLORADO STATUTE OPTING OUT OF SECTION 521 OF THE DEPOSITORY INSTITUTIONS DEREGULATION AND MONETARY CONTROL ACT OF 1980 ( WHICH AUTHORIZES STATE CHARTERED, FDIC-INSURED BANKS TO EXPORT INTEREST ON LOANS MADE. FROM THE STATE WHERE THEY ARE LOCATED TO BORROWERS LOCATED ELSEWHERE). THE BOTTOM LINE IS THAT THE FDIC TAKES THE POSITION THAT COLORADO’S OPT-OUT STATUTE PRECLUDES OUT-OF-STATE BANKS FROM THE EXPORTING THE INTEREST ALLOWED FROM THE STATES WHERE THEY ARE LOCATED TO BORROWERS IN COLORADO. I would expect that there will be an avalanche of applications submitted by state banks to the OCC to convert to national banks.

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Here is our blog about the FDIC amicus brief. https://lnkd.in/ePs-ggCe

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Check out my latest #TeamSeyfarth update with Rachel See. Here we analyze Colorado SB 24-205, which was just enacted after Governor Polis signed the bill on Friday afternoon. Governor Polis’ signing statement expressed clear reservations with the bill and called for federal action and encouraged sponsors of the bill to issue amendments before the law’s 2026 effective date. Despite those reservations, Colorado is now the first state to comprehensively regulate AI in employment and other areas. The bill requires impact assessments, robust notice requirements, and opt-out provisions for a wide range of AI applications, including in employment. It will apply to both developers and deployers of AI tools. There's a lot to unpack and implement under this law! Unfortunately, we expect to see a patchwork of AI legislation coming from state and local jurisdictions which will lead to implementation challenges as employers navigate differing definitions and requirements. While Colorado SB 205 leads the charge, employers should buckle up as states press forward in the face of unlikely federal action in the AI employment space. The AI regulatory landscape continues to evolve quickly. Stay tuned for more updates!

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The Legal Accountability Project’s Centralized Clerkships Database is an important part of what LAP does, but it’s not all we do. As LAP approaches our 2 year anniversary(!!), I’m planning for the next 2 years - and 2 decades! - to ensure the principles on which the organization was founded remain our focus going forward. LAP’s mission has 2 parts: 1️⃣Ensuring that law clerks have positive clerkship experiences, while  2️⃣Extending support and resources to those who do not. The first part of this mission is the bulk of my public-facing work. The latter necessarily happens behind closed doors. Here are *some* things I do behind the scenes: ⚖️Counsel mistreated clerks about options available to them in their courthouses. 🗣️Make attorney referrals to clerks who need assistance or who want to take larger #accountability steps like I did. 🏫Speak with #lawschools about their #judiciary relationships. 🏛Encourage former clerks to share information with their law schools. 🧑‍⚖️Meet with judges and #courts officials about changes they can make in their own chambers, or in their courthouses. LAP does many other things too! As a solo leader, I wear all the hats 🎩. I appreciate when fellow founders reach out to acknowledge how much work goes on behind the scenes to cultivate LAP’s public-facing presence. LAP was founded as an #accountability nonprofit, launched to correct injustices I personally experienced as a law student and law clerk. We’ll continue to embrace that. I’ll continue sharing my own negative experience, while encouraging others to speak out as well. Why? *️⃣So law clerks know they’re not alone. *️⃣So law students understand the challenges they might face during a #clerkship and options available if they find themselves in a situation like mine.   *️⃣So #lawschools, the #legalprofession, the #judiciary, and others understand the urgency of change. *️⃣To change the culture around #clerkships, from one of silence and fear, to one of #transparency and candor. *️⃣To empower students to demand better for themselves and their peers, and to encourage clerks to stand up for themselves. It’s a delicate balance, as LAP has numerous competing stakeholders. I’m mindful that some who support LAP’s Database are less interested in the larger #accountability work. LAP welcomes more #judiciary support and #lawschool buy-in. But we’ll never compromise our founding principles to garner or maintain it. 📢LAP was founded as a clerk-centric and student-centric organization. My primary duty is to the clerks and students who need me. They are my constituents. I advocate for them, when I discuss the urgency of transformational, disruptive change to the #clerkship system. LAP invites everyone to be part of the solution in our clerkship #transparency movement. #clerkships #courts #transparency #accountability

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Check out our latest alert explaining how the California Supreme Court is poised to rule on whether a pharmaceutical manufacturer can choose not to market a potentially safer version of an already safe and effective drug or whether a new duty to market will take effect.

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The Fifth Circuit is moving federal law so far to the right--blowing past longstanding precedent, procedure, and just creating wholly new theories--that it is going to blow up Americans' protections from corporate overreach in ways we cannot even begin to appreciate. This article by Jeevna Sheth and myself goes in depth on how the Fifth Circuit is positioning itself as the supreme arbiters of federal law. https://lnkd.in/eFkZmPYU

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6. Learn more in this Perkins Coie LLP Update. #NoncompeteAgreements #Noncompetes #LaborAndEmployment #EmploymentLaw

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