Non-Compete No More: The FTC (Almost) Kills the Non-Compete

The Federal Trade Commission has (almost) killed the non-compete.[1] In a 3-2 vote on April 23, 2024, the FTC issued its long-anticipated Non-Compete Clause Rule (the “Non-Compete Ban”). The Non-Compete Ban provides that it is an unfair method of competition—and therefore a violation of section 5 of the Federal Trade Commission Act—for employers to enter […]

The Corporate Transparency Act: Unnecessary and Unconstitutional

Federal courts are often forced to uphold laws as “stupid but constitutional”,[1] as Justice Antonin Scalia remarked, or strike them down as wise but unconstitutional.[2] A recent decision from United States District Court for the Northern District of Alabama applied this dichotomy to the Corporate Transparency Act (“CTA”), declaring it unconstitutional despite its allegedly laudable […]

Zooming Out: The Admissibility of Depositions Recorded on Video Conferencing Platforms

Forbidden from in-person depositions during the COVID-19 pandemic, practitioners increasingly utilized Zoom, or its equivalent platforms, to perform virtual depositions.[1] The practice has continued. As many have realized, in addition to easing travel, Zoom reduces costs by allowing parties to record videos themselves through a simple button. But there’s potentially a major problem. While not […]

Factoring Fees in the Firing Line: California Senate Bill 666

California’s Senate Bill 666 (“Bill 666”) recently went into effect on January 1, 2024,[1] and the perhaps-appropriately numbered bill is a development that factors cannot afford to ignore.[2] Bill 666 prohibits various commercial financing providers, including those in the factoring industry, from charging certain types of fees to recipients. California is notorious for its business […]

Consider This: The Validity of Consideration in Factoring Estoppel Agreements

Every factor has experienced the frustration of the account debtor refusing to pay the factor on the grounds that the assignor’s performance was deficient.[1] To combat this, factors have turned to a powerful tool: the Estoppel Agreement. An Estoppel Agreement is a direct contract between the factor and the account debtor, which obligates the account […]

The Corporate Transparency Act: Rising Reporting Requirements

The Corporate Transparency Act (“CTA”), which takes effect on January 1, 2024, will create reporting obligations for most small businesses in the United States.[1] The CTA is designed to capture more information about the ownership of specific entities operating in or accessing the U.S. market, with the goal of enhancing transparency in entity structures and […]

Regulatory Vacation: Next Steps After Winning An APA Challenge

Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal Government to follow the appropriate steps when reaching its conclusions about what rules and regulations the agencies should create. When agencies fail to take those steps, parties […]