Reprinted from the February 10th edition of The Legal Intelligencer. (c) 2022 ALM Media Properties. Further duplication without permission is prohibited.

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed rules imposing a broad restriction on non-competition agreements (“Proposed Rule”). The Proposed Rule would require employers to rescind existing non-compete agreements, and would preempt conflicting state laws. The ban marks a dramatic change not only in the law, but in the relationship between employers and their key employees.

The Proposed Rule defines “non-compete clauses” as follows: any agreement that prevents a worker from seeking or attempting to seek employment with any employer; or, any agreement that is a de facto non-compete clause. A de facto noncompete clause has the “effect of prohibiting the worker from seeking or accepting employment.” The Proposed Rule provides examples of a de facto non-compete clause: a non-disclosure agreement drafted so broadly that it effectively precludes the employee from working in their chosen field; or a contractual term that requires the employee to pay the employer or a third party its training costs if employment terminates within a specified time period, but only where the payment is not reasonably related to the actual costs incurred by the employer.
The Proposed Rule mandates that it is a prohibited unfair method of competition to enter into or “attempt to enter into” a noncompete clause with an employee, or to maintain an existing non-compete agreement, or to represent to an employee that they are subject to a noncompete without a good faith basis to believe they are.

Two partners of Antheil Maslow and MacMinn, LLP were honored with awards at the Bucks County Bar Association’s annual meeting on December 1, 2022.

Joanne M. Murray, a partner and chair of the Firm’s corporate and real estate practice group, received the prestigious 2022 Harriet M. Mims Award. The award is named after Harriet Mims, who was the first female judge in Bucks County and one of the first women admitted to the Bucks County Bar. The award is presented annually to a female attorney who exhibits the characteristics of strength, leadership and integrity who also has served as a mentor to young lawyers. In addition to her career as a preeminent business and corporate attorney, Ms. Murray is an active member of the local charitable community, serving as President of the Board of National Alliance on Mental Illness, Bucks County. She also serves on the Board of the Doylestown Health Foundation and was recently elected to the Boards of the Bucks County Bar Association and the Central Bucks Chamber of Commerce. Ms. Murray is a Past President of the Bucks County Bar Association and previously served on the Board of the Village Improvement Association of Doylestown, the Bucks County Children’s Museum, and various other local nonprofit boards. She was named a 2022 SuperLawyer by Thomson Reuters.

Elaine T. Yandrisevits, a partner in the firm’s Estates and Trusts practice group, received the President’s Award from outgoing BCBA President Julie D. Goldstein, recognizing dedicated service to the Bar Association, its committees and commitment to the development of the Bucks County legal community. Elaine Yandrisevits focuses her practice on estate planning, trusts and estate administration and Orphans' Court litigation, and has a great deal of practical experience with special needs trust planning and guardianships. Ms. Yandrisevits is active in several committees and sections of the Bucks County Bar Association. She will serve as Chair of the Young Lawyers Division and Chaur of the Orphans’ Court Section in 2023, and previously served as the 2022 Bench Bar Conference Committee Chair. She is also active in the Member Services Committee of the Bar Association. Ms. Yandrisevits was named a 2022 SuperLawyer Rising Star by Thomson Reuters.

Reprinted with permission from the October 14th edition of The Legal Intelligencer. (c) 2022 ALM Media Properties. Further duplication without permission is prohibited.

Employers eager to recapture the costs of hiring foreign citizens often use damages or repayment provisions in employment agreements. A recent case in the Southern District of New York illustrates a challenge to that strategy. The Southern District’s recent decision in Baldia v. RN Express Staffing Registry LLC to allow a complaint under the federal Trafficking Victims Protection Act (“TVPA”) to proceed, is part of a growing trend in using the TVPA to challenge such agreements.

The plaintiff in the Baldia case, Marie Alexandrine Baldia, is a citizen of the Philippines. RN Express Staffing recruited her from the Philippines and hired her as a registered nurse supervisor after sponsoring her visa to work in the United States. Baldia signed an Employment Agreement for a three-year term, that included a liquidated damages provision. Specifically, the Employment Agreement required that in the event Baldia left the employ of RN Express Staffing, “without cause”, before the end of the three-year term, she would need to repay the costs of “recruiting, training and placement”. The Employment Agreement recited that the “Company Recruitment Costs” totaled $33,320, and that the number would be reduced after her first full year of employment.

AMM family law attorney Melanie J. Wender will join the faculty for a virtual continuing legal education program for National Business Institute on Thursday, November 3^rd. 

The program, Legal Obstacles to Adoption, gives an overview of the top pitfalls one may come across during the adoption process.  The faculty will focus on providing insight on how to deal with prominent hurdles such as termination of parental rights, interstate adoptions, and contested adoptions.

Melanie Wender is a dedicated and supportive advocate for individuals and families facing the sensitive issues involved in family law matters. Ms. Wender focuses her practice exclusively in all aspects of divorce and family law.   She is also experienced in adoption issues and has assisted many clients in making this life-changing process as seamless and smooth as possible, allowing the family to focus on welcoming their new child.