North America

Advance Notice of Restrictive Covenants May Be Required, But They Should Not Be Executed Before Employment Begins

As readers of this blog are aware, many states now require employers to provide prospective employees with copies of any noncompetes (and, in some cases, other restrictive covenants) they will be required to sign as a condition of employment. For example, Massachusetts requires that noncompetes be provided at the earlier of when an offer is made or 10 business days before the first day of employment; in Illinois it is 14 calendar days before employment begins; in Maine it is three days; in New Hampshire and Washington a noncompete must simply be provided before an employee’s acceptance of an offer; in Oregon and Rhode Island it is two weeks before employment begins; and beginning August 9, 2022, Colorado will require not only that both noncompete and non-solicitation covenants be provided to employees at least 14 days before the effective date of employment, but a separate standalone notice must be provided as well.

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A corporate Swiss Army Knife: The Employee Stock Ownership Plan, Part 2: Shareholder transactions – navigating ERISA risks

Part 2: Shareholder Transactions – Navigating ERISA Risks

An ESOP is a paradox – an ERISA-covered tax-qualified retirement plan, which benefits employees, designed to invest primarily in securities of the ESOP sponsor, which benefits the sponsor. Given this dual nature, there are many ERISA risks. Giving short shrift to these issues can lead to significant liability. This article provides a framework for navigating these perilous waters and mitigating risk. Read more…

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Preparing Corporate Messaging in the Wake of Dobbs

The United States Supreme Court (“SCOTUS”), in Dobbs v. Jackson Women’s Health Organization, has held that there is no constitutional right to abortion, overruling Roe v. Wade and Casey v. Planned Parenthood.

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NCAA Takes Aim At Booster-backed “Collectives” and Their NIL Deals

Almost a year since the NCAA revised its guidelines to permit college athletes to exploit and monetize their name, image and likeness (NIL) rights, the collegiate NIL business has grown to almost $500 million. While the revised guidelines have benefited student-athletes considerably, a lack of uniform standards has led to confusion among states, limited oversight and questionable practices.States Wait for NCAA and NCAA Waits for FedsWhen states began passing legislation in 2019 enabling student-athletes to monetize their NIL rights, many delayed implementation with the hope that the NCAA would update its guidance to provide uniform rules. However, following the Supreme Court decision in Alston v. NCAA, concerns about antitrust challenges led the NCAA to implement a limited “interim policy” with little guidance on implementing NIL rules, while calling for Congress to pass federal legislation that would provide comprehensive national guidance. Read more…

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Torres Talks Trade Podcast Episode 3 on Cross-Border Trade Disruptions between Texas and Mexico

This week’s episode (below) covers the latest issues in cross-border trade between Texas and Mexico. Texas-based Customs Broker Adrian Gonzalez of Global Alliance Solutions helps break down the current state of supply chain disruptions, Title 42, the Summit of the Americas, and the future of international commerce between the United States and Mexico.

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Forced Labor and the Uyghur Forced Labor Prevention Act

Today, June 21, the Uyghur Forced Labor Prevention Act (“UFLPA”) comes into effect. It is the latest – and perhaps strongest – tool in the belt of U.S. regulatory and enforcement agencies to combat forced labor. The UFLPA puts the onus on importers to ensure their supply chains and merchandise are free from forced labor. This article will discuss forced labor enforcement generally, the UFLPA, and what it means for importers and how they can comply with the new regulations. If you have any questions about the UFLPA or other forced labor enforcement, please do not hesitate to contact the attorneys at Torres Trade Law, PLLC.

To access the full article, click here.

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Video: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois.

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Can a Noncompete Increase Competitiveness? Arkansas Football Sure Hopes So.

You don’t hear much positive news these days about noncompete agreements. Instead, most national media outlets take cases of extreme abuse and frame them as the norm instead of the outliers that they are. And the national media also often portrays employers in a negative light for allegedly forcing noncompetes on employees who purportedly have no choice in the matter and receive no benefit from the transaction. The data does not bear this out—indeed, according to reputable studies, workers who are presented with noncompetes before accepting jobs receive higher wages and more training, and are more satisfied in their jobs than those who are not bound by noncompetes—but that is beside the point when there is an attention-grabbing story to be written.

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Can You Slander a Candidate in an Election?

What are the limits of what can be said on social media about a candidate in an election? The question was answered in Laprise c. Simard, 2022 QCCS 1384, a recent decision by Justice Claude Bouchard of the Superior Court.

The Facts

The plaintiff is the candidate for the Conservative Party of Canada in the riding of Beauport–Côte-de-Beaupré–Île d’Orléans–Charlevoix in the last federal election of September 20, 2021.

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Thawing the Big Freeze: Bill 2 and Accessibility to Joint Accounts on Death

On June 6, 2022, the Quebec legislator enacted an Act respecting remittance of deposits of money to account co-holders who are spouses or former spouses [Act]. That is part of the wide-reaching Bill 2, An Act respecting family law reform with regard to filiation and amending the Civil Code in relation to personality rights and civil status.

The purpose of this newsletter is to focus on the significance of the Act for successions in Quebec.

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