• Posts by Stuart M. Gerson
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    Attorney Stuart Gerson’s respected trial and appellate skills and power of persuasion help him successfully represent health care, life sciences, and financial services clients in high-stakes civil and criminal matters ...

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The FTC Seemingly Thumbs Its Nose at the Supreme Court
Categories: Non-Compete Agreements, Trade Secrets and Confidential Information
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Despite the Supreme Court’s recent 6-3 ruling in West Virginia v. EPA that regulatory agencies must have “clear congressional authorization” to make rules pertaining to “major questions” that are of “great political significance” and would affect “a significant portion of the American economy,” and the import of that ruling to the area of noncompete regulation (which we addressed in detail in Law360), the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) announced yesterday that they are teaming up to address certain issues affecting the labor market, including the regulation of noncompetes.

In a Memorandum of Understanding (MOU) issued on July 19, 2022, the FTC and NRLB shared their shared view that:

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