Tom Chinonis

Has Private Equity Roll-Up Strategy Run its Course?

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban post-termination non-compete clauses and require employers to rescind existing ones. The FTC argues that non-compete clauses — which impede an individual’s ability to enter into or start a similar profession or trade — stifle worker mobility and wage growth. The ruling would essentially render existing and future agreements non-enforceable, subject to a narrow exception for owners or partners of a business. 

The FTC Non-Compete Ban: What Happened and What’s Next

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban post-termination non-compete clauses and require employers to rescind existing ones. The FTC argues that non-compete clauses — which impede an individual’s ability to enter into or start a similar profession or trade — stifle worker mobility and wage growth. The ruling would essentially render existing and future agreements non-enforceable, subject to a narrow exception for owners or partners of a business. 

A New Landscape for Private Equity Proposed Under Hart-Scott-Rodino

On June 27, 2023, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) announced a Notice of Proposed Rulemaking representing the most substantial alterations to the Hart-Scott-Rodino Act (HSR) since it was enacted by Congress  in 1976. In amending the premerger notification process, the FTC cites …

A New Landscape for Private Equity Proposed Under Hart-Scott-RodinoRead More »

Is This the End of the Non-Compete Agreement?

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban post-termination non-compete clauses and require employers to rescind existing ones. The FTC argues that non-compete clauses — which impede an individual’s ability to enter into or start a similar profession or trade — stifle worker mobility and wage growth. The ruling would essentially render existing and future agreements non-enforceable, subject to a narrow exception for owners or partners of a business.