Tom Chinonis

Building Momentum: Finding Leaders to Drive PE Portfolio Company Growth

Bain & Company recently released an analysis titled “Searching for Momentum: Private Equity Midyear Report 2024” (the “Report”). Here’s how Bain frames its findings: “The industry appears to have finally found its footing. Now comes the hard part.” Among the many challenges that constitute this “hard part,” one stands out …

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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 …

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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.