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Member Articles


Recent Decisions Protect Employee Criticism of DEI and Equality Initiatives

Over the past few years, diversity, equity, and inclusion practices have become hot-button political issues and the subject of heated debate. Since President Trump’s inauguration in January 2025, the federal government ...

Protecting Confidential Information in the Age of AI

When your company is sued, litigation often involves producing large volumes of confidential business documents to the other side—internal communications, financial records, personnel files, customer information, contr ...

Federal Trade Commission Rule Banning Non-Competes On Hold

In a massive setback for the FTC’s efforts to ban non-competition covenants nationwide, on August 20, 2024, the U.S. District Court for the Northern District of Texas held that the agency’s Non-Compete Rule (the “R ...

Federal Trade Commission Commits to Nationwide Ban on Noncompetition Covenants

After more than a year of questions and more than 26,000 comments on the Proposed Rule first released on January 5, 2023, commissioners of the Federal Trade Commission (“FTC”) voted 3-2 on April 23, 2024 to implement ...

Retail Bankruptcy in 2023

Overview 2023 appears poised for increased distress in the retail sector, given the Federal Reserve’s recent interest rate increases, continued international supply chain issues, the end of Paycheck Protection Progr ...

OCC Says National Banks May Provide Cryptocurrency Custody Services

Action Items Develop appropriate policies, procedures, and internal controls for cryptocurrency and digital currency custody services. Have your senior management and board review business plans and strategies consis ...

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