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Client Alerts

Protecting Employer Proprietary Information Following the FTC's Ban on Non-Compete Agreements

The Federal Trade Commission (FTC) on April 23, 2024 issued a rule banning future non-compete agreements with limited exceptions. The FTC rule bans virtually all non-compete agreements for employees and independent contractors. Pre-existing non-compete agreements with senior executives remain enforceable, but new non-competes with senior executives are not. Likewise, non-competes entered into pursuant to a sale of a business or person’s ownership stake in a business are exempt from the FTC rule. Pat Torre takes a look at the rule in this Stites & Harbison Client

by Patrick M. Torre June 20, 2024
Client Alerts

You Have a Voice: The Supreme Court Rules Everyone Except for “Truly Peripheral Parties” May Participate in Chapter 11 Proceedings

Learning that a bankruptcy which may impact you has been filed can be disconcerting. Bankruptcy navigates a complicated statutory framework that strikes a delicate balance between a debtor’s interest in financial rehabilitation and the creditors’ interest in maximizing their recoveries. Compounding this complexity is §1109(b) of the Bankruptcy Code, which governs the rights of “parties in interest” to participate in Chapter 11 restructurings. But are you a party with a voice in the case? In Truck Insurance Exchange v. Kaiser Gypsum Co., Inc. et al., the Supreme Court has brought some clarity to this issue.

by Brian R. Pollock and Brandon Lira June 18, 2024
Client Alerts

Checking in on the Status of the Fair Labor Standards Act Exempt Salary Threshold Increase

It is a little under two weeks until the July 1, 2024, effective date for the U.S. Department of Labor’s Final Rule (the “Final Rule”) raising the minimum salary level requirement for exempt white-collar employees to $43,888 annually. Now is the time to check in on the status of any legal challenges which might effect that deadline and employment attorney Shannon Hamilton takes a look at those challenges in this Stites & Harbison Client

by Shannon Antle Hamilton June 17, 2024
Press Releases

Chambers USA Honors 25 Stites & Harbison Attorneys for 2024

LOUISVILLE, Ky.—Chambers USA selected 25 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2024 guide. The Chambers USA guide ranks the top law firms and leading attorneys in the United States.

by Stites & Harbison, PLLC June 07, 2024
Client Alerts

Providers and Laboratories Beware of EKRA: A Not-So-New Tool for Health Care Fraud and Abuse Enforcement

In an effort to combat the ongoing opioid crisis, Congress passed in 2018 the Eliminating Kickbacks in Recovery Act (“EKRA”) imposing significant monetary penalties on anyone paying or receiving payment for referrals to a recovery home, clinical treatment facility, or laboratory. However, given its broad language, EKRA may reach organizations not involved with substance abuse treatment. Health care providers and laboratories, therefore, should be aware of EKRA and its implications on their practice. Health care attorney Shea Luna takes a look at EKRA in this Stites & Harbison Client Alert.

by Stacy Shea Luna (Shea) June 07, 2024