The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo has and will continue to alter the legality and enforceability of federal agency rules and regulations related to ambiguous federal statutes. As a reminder, Loper Bright abolished the Chevron doctrine, which instructed courts to give deference to federal agency interpretations of ambiguous statutes. In Loper Bright, the Supreme … Continue Reading
While the enforcement of non-compete clauses (“noncompetes”) varies in jurisdictions across the country, California has a longstanding history of disfavoring them and championing a pro-employee-mobility work environment. Two laws were recently passed – Assembly Bill 1076 and Senate Bill 699 – expanding the scope of California’s prohibition on noncompetes and exposing companies to a heightened … Continue Reading
For the second time in four months, the U.S. Court of Appeals for the Federal Circuit has issued a precedential opinion about forum selection clauses (FSC) in confidentiality agreements. On October 7, 2021, the Federal Circuit issued a precedential opinion in Kannuu Pty Ltd. v. Samsung Electronics Ltd. et al., holding that, in a non-disclosure … Continue Reading
