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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
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August 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
By: Jordan Briggs
Recently, the Federal Trade Commission (“FTC”) announced it finalized a consent order with pest control company Rollins, Inc. that requires Rollins to stop enforcing its existing non-compete agreements with over 18,000 employees.[1] This consent order signals that although the FTC stopped pursuing an outright ban on employee non-compete agreements,[2] the agency is still poised to limit the anticompetitive effects of these non-competes. The Rollins Complaint gives insight into certain common non-compete pitfalls to avoid. Non-compete agreements are a relatively common tool used by companies in specialized industries to minimize the harm to the company if an employee joins a competitor. These agreements allow the company to restrict an employee’s ability to work for or start a competing business after leaving…
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Ready, Set, Go: More States Adopt Privacy Laws
July 15, 2026
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 15, 2026 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
From Paper to Blockchain: How Tokenized Collateral Could Transform Finance
July 1, 2026
From Paper to Blockchain: How Tokenized Collateral Could Transform Finance
By: John Mikuta
Our financial system is on the verge of a groundbreaking transformation that could rival the shift from film to digital photography. Just as smartphones made it instantaneous to capture and share pictures, blockchain-based tokenization of traditional assets could make financial transactions just as seamless. Even though we are now over a quarter of the way through the 21st century, today’s financial infrastructure hasn’t caught up…
Not So Fast: District Court Balks at SEC’s Blanket Characterization of Tokens as Securities
November 28, 2018
Not So Fast: District Court Balks at SEC’s Blanket Characterization of Tokens as Securities
By: Ifrah Law
An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law. The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the U.S. ICO market. In one of the first cases to test the SEC’s broad definition, the United States District Court for…
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
July 13, 2018
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
By: Nicole Kardell
Effective July 1, companies that offer free gift or trial periods for their products or services can no longer bill California consumers automatically at the expiration of the gift or trial period. Companies will be required to provide a “clear and conspicuous” explanation of the price that will be charged—or how the pricing will change—at the end of the trial. And companies cannot charge a…
The California Consumer Privacy Act: The Who, What, When, Why…and How.
July 10, 2018
The California Consumer Privacy Act: The Who, What, When, Why…and How.
By: Nicole Kardell
Make room Europe: California is taking on the data privacy challenge. For the last year or so, the privacy world has been abuzz with how to implement the E.U.’s General Data Protection Regulation. The buzz died down once GDPR went into effect in late May. But no rest for the weary. A little over a month later, California has jumped into the data privacy challenge…
Cryptocurrency Exchanges Must Navigate An Outdated Regulation System
July 9, 2018
Cryptocurrency Exchanges Must Navigate An Outdated Regulation System
By: Ifrah Law
More consumers are adopting cryptocurrency than ever, but regulators are less enthusiastic. As a result, cryptocurrency exchanges spend unnecessary time and resources working to comply with outdated guidelines. Kraken, which oversees $150 million in daily cryptocurrency transactions, is the latest exchange to experience this problem. In an effort to bring itself into compliance with current Securities and Exchange Commission (SEC) regulations, cryptocurrency exchange Kraken recently…
Supreme Court Rules Online Businesses Now Subject to Sales Tax
June 21, 2018
Supreme Court Rules Online Businesses Now Subject to Sales Tax
By: Ifrah Law
In a ruling announced today, the Supreme Court held that online businesses can be subjected to sales tax even in states where they do not have any brick-and-mortar operations. The case, South Dakota v. Wayfair, Inc., overturns longstanding precedent requiring “physical presence” to subject a seller to state sales tax, representing a big change for e-commerce. In the opinion of the Court, Justice Kennedy gave…
