Antitrust laws seek to promote competition, in part by preventing monopolies and concentrated market power and by prohibiting corporate collusion and price-fixing practices. Antitrust laws are regularly implicated by certain mergers and acquisitions. Historically,...
Employment Contracts
FTC’s Final Rule on Non-Competes
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule prohibiting the use of non-compete agreements for most of the American workforce. While the Final Rule will not go into effect until 120 days after its publication in the Federal Register, and...
Key Components of an Employment Contract
Employment contracts are a key component to business operations and workforce management, as they allow employers to define the terms and conditions of the employment relationship with certain employees. Despite their importance, all too often employers don’t seek...
Coach Brian Flores sues NFL for race discrimination. Will arbitration clause be an issue?
As football fans know, 2022 has been a turbulent year already for Brian Flores, one of the few Black coaches in the National Football League (NFL). In January, after two winning seasons, the Miami Dolphins dismissed him as head coach two years before his contract was...
New federal law ends forced arbitration of sexual assault or harassment claims
Not much in Congress has bipartisan support nowadays, but a new federal law managed to bridge the gap from one side of the aisle to the other. Effective March 3, 2022, a new law provides that mandatory arbitration clauses can no longer require victims of sexual...
Understanding the basics of noncompete agreements in Kentucky
Employment contracts, as well as severance and separation agreements, frequently contain noncompete agreements. These agreements are designed to protect the business interests of the employer and the investment they make in employees. As a “restraint on trade,”...
Parameters of noncompetition agreements in Kentucky
At Lockaby PLLC, we negotiate, draft, review and when necessary, represent in litigation Kentucky employers or employees on matters arising from agreements not to compete. An employer may require a new or existing employee to sign a noncompete as a condition of...