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Regulatory Compliance in a Post-Chevron World: Fasten Your Seatbelts

The cracks are already showing. A U.S. District Court in Texas, less than a week after the Supreme Court issued its Loper Bright decision, cited the ruling in partially striking down the FTC’s controversial ban on noncompete agreements in employment. Few reasonable people would expect this to be the last time a court cites the panel’s paradigm-shifting Loper Bright decision or its less talked about but perhaps as consequential cousin, Corner Post, in an opinion that invalidates a regulation issuing from an executive agency. Indeed, many in the legal community told CCI’s Jennifer L. Gaskin that compliance professionals should settle in for a period of uncertainty — and elevated, volatile business risk.

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Trust but Verify: The Power of Audits to Protect Your Competitive Edge

Companies using noncompete agreements to safeguard their competitive edge are rightly concerned as the FTC’s noncompete ban remains in limbo after a Texas judge ruled the agency lacked authority to ban such agreements. A group from law firm Baker Donelson suggest incorporating regular audits as part of your plan for securing protected information.

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