Keli Maire

We look forward to having John Thomas Malatesta speak on how to protect your company against cyber attacks at UT Law CLE's 46th Annual Corporate Counsel Institute. Learn about ways to further protect your company before and after a security incident: https://lnkd.in/gfBBY58t. #cybersecurity #corporatecounsel #inhousecounsel

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Federal Court Judge Invalidates FTC's Noncompete Ban: Noncompetes Remain Enforceable In a significant legal decision that impacts businesses nationwide, a federal court judge in Texas has invalidated the Federal Trade Commission’s (FTC) much-discussed ban on noncompete agreements. The ruling, handed down in August 2024, halts the FTC's attempt to outlaw most noncompetes, which was set to take effect on September 4, 2024. For now, this means that noncompetes remain enforceable under current law, particularly in Michigan and other states where they are not otherwise restricted. The FTC’s proposed rule would have barred employers from enforcing most noncompetes, impacting around 30 million American workers. However, U.S. District Judge Ada Brown ruled that the FTC overstepped its authority, calling the proposed rule "arbitrary and capricious"​. This decision ensures that employers can continue to use noncompetes, while still being mindful of existing state regulations that may impose restrictions on these agreements. LINK TO OPINION: https://loom.ly/o-ShBOs At The Private Firm, we are following this legal development closely. It’s important for businesses and employees alike to understand that while the FTC’s ban has been blocked, the landscape around noncompetes remains complex. State laws, such as those in Michigan and other jurisdictions, continue to limit or prohibit noncompete clauses. Additionally, the FTC has signaled its intent to pursue an appeal, which could bring further uncertainty or potential changes. For now, businesses should review their current employment agreements to ensure compliance with state laws and explore other legal avenues to protect trade secrets and confidential information. At The Private Firm, we are ready to assist clients in navigating these shifting legal requirements and ensuring that their businesses are protected. For more information, contact The Private Firm or visit our website at www.thefirm.net.

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Who is exempt from federal overtime laws? That answer just changed again, with a recent decision from a Texas federal district court - the seat of many court rulings striking down federal government regulations. My latest blog post covers both what the court decided - and why - as well as the broader context of minimum wage legislation. And a reminder to NY employers - the rules are different here, so prepare accordingly. https://lnkd.in/eKgR-BwA #employmentlaw

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In case you were concerned about September 4th and the massive change in non-compete agreements nationwide, how it impacts your organization and what will happen after, a Federal Judge in Texas has provided you and most other employers at least a reprieve for now - at the federal level. Ruling that the FTC went to far and precluding the regulation from going into effect. Is it over? How does this impact your organization going forward? What are some of the issues you should consider now? These are just some of the issues to be dealt with in the near future. But, for today there is the fact that nothing will change on September 4, 2024. Stay tuned for more thoughts and considerations to come. #employer #workplace #emplaw #employmentlaw #brownandconnery #hr #noncompete Lauri Ann Plante, MSOD, SPHR, SHRM-SCP (she/her/hers) Judy Sailer, SHRM CP, PHR Judith Baker, SHRM- SCP, SPHR Ryan Baker James Abeyta Stevens, MA, LMHC, SHRM-CP, PHR Desiree Navarro, MBA, SHRM-SCP, SPHR Shirley Rijkse, MBA, SHRM-SCP, DTMJason Sutheimer, SPHR, SHRM-SCP, CWP Heather Deyrieux, MSM, CPM, SHRM-SCP, SPHR Megan Nail, CCP, SHRM-SCP, CEBS Ken Bode BJ Anderson, SHRM-SCP FLO RYAN Michael Timmes, SPHR, SHRM-SCP, CPC Chad Sorenson John Baldino Gina Kirby-Elliott SHRM-CP Allison West, Esq., SHRM-SCP, AWI-CH Erika Blue Susan Tunney Todd Cohen, CSP - Keynote Speaker and Motivator. Geoffrey Klein Lu Ann Cahn Gerry Lantz Gerry Crispin Bruce W. Waller, CRP, PHR, SHRM-CP Jon Petz, CSP, CPAE Ed Rigsbee, CSP, CAE Scott Rosen • Scott McKain Catharine Mirabile, SHRM-SCP Theresa Habina McGlinchey, MSOD Theresa Hummel-Krallinger ✅ Sarah Ohanesian Charles Popper Frank Plum Frank Cania, MSEmpL, AWI-CH, SPHR, SHRM-SCP Victoria Krotzer Tammy Antanaitis Anthony Carlozo https://lnkd.in/eSz-9e8i

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Before the holiday gets underway, check out this important read from our own, James Sayles, regarding the new Texas Data Privacy Law that took effect yesterday, July 1! #newlaw #dataprivacy #ensurecompliance #knowyourrights https://lnkd.in/gdt8JrqC

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Don't Get Caught Off Guard: New Amendment Requires Expert Challenges 60 Days Before Trial In a significant shift for Louisiana litigators, the 2024 legislative amendment to Article 1425(F) of the Louisiana Code of Civil Procedure now requires that any challenges to an expert's qualifications or methodologies be filed at least sixty days before trial. This change encourages thorough preparation and early resolution of potential disputes, allowing all parties—and the court—ample time to consider the validity of expert testimony before trial. In this article, Zachary Howser outlines how this amendment aims to streamline judicial proceedings and enhance the fairness of the process. https://lnkd.in/gUqdU3Qq

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Texas is implementing a comprehensive data privacy law, the Texas Data Privacy and Security Act (TDPSA), starting July 1, 2024. This law requires businesses to update privacy notices, implement consumer rights processes, and conduct data protection assessments. Stay compliant by understanding your obligations. For detailed FAQs, read the full article at https://lnkd.in/gtNw7zkk #DataPrivacy #TexasLaw #BusinessCompliance #ConsumerRights

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Mis - and dis-information spreads quickly. Find the real story with research and resource links through The Fulcrum partner Gigafact. Read more about the truth of the Texas voter ID laws: https://loom.ly/nfvY210 #thefulcrum #citizenconnect #gigafact #immigration #election2024

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Mis - and dis-information spreads quickly. Find the real story with research and resource links through The Fulcrum partner Gigafact. Read more about the truth of the Texas voter ID laws: https://loom.ly/nfvY210 #thefulcrum #citizenconnect #gigafact #immigration #election2024

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Attention employers: The Federal Trade Commission’s (FTC) final non-compete rule, which seeks to prohibit the use of most non-compete agreements and require employers to issue non-enforcement notices, has been set aside and will not be enforced or otherwise take effect on September 4 as scheduled.  #FTC #noncompete #employmentlaw #FTCban #employer

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Did you know that our website contains many legal ethics resources such as ethics opinion approved by the Professional Ethics Committee for the @statebaroftexas? You can search opinions by key word or opinion # https://lnkd.in/gfSvfjBw #legalethics #ethicsopinions #TXlawyers

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Did you know that our website contains many legal ethics resources such as ethics opinion approved by the Professional Ethics Committee for the @statebaroftexas? You can search opinions by key word or opinion # https://lnkd.in/gfSvfjBw #legalethics #ethicsopinions #TXlawyers

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