It has been a busy year for the Federal Trade Commission’s (“FTC”) enforcement efforts against non-compete restrictive covenants in employment agreements. During President Biden’s administration in 2024, the FTC issued a rule banning non-compete provisions in employment agreements with certain exceptions (the “Rule”). That led to immediate litigation challenging the FTC’s authority. Appeals were pending
Dickinson-Wright
Dickinson-Wright is a Detroit-based firm with over 475 attorneys across more than 40 practice areas and industries. Among a variety of other specialties, the firm represents leading industrial, financial, insurance, emerging technology and service enterprises around the world.
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Preparing for CMMC: Navigating DoD’s New Cybersecurity Rules
By Dorn McGrath
After half a decade of development and review, the U.S. Department of Defense (DoD)*/ will implement contracting regulations, effective November 10, 2025, making the Cybersecurity Maturity Model Certification (CMMC) Program a reality for hundreds of thousands of companies across the defense industrial base (DIB). More than ever before, companies doing business with DoD, either as…
Imagination Is Essential for Good Legal Defense
By Erica Erman
Previously published in Healthcare News and Healthcare Michigan.
Growing up, my family played an unusual game around the dinner table. After sharing about our days, my dad (also a health care attorney) would ask my sisters and me to argue. He’d pick a topic, such as why my younger sister should have a later…
Presidential Proclamation on H-1B Restrictions and Fees – What We Know as of Sept. 22
The September 19 Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” is not an absolute travel/adjudication ban on H-1B petition adjudications and admission of existing H-1B visa holders without the payment of $100,000.00, but the various agencies trying to implement the Proclamation are issuing rapid-fire clarifications. The Proclamation took effect at…
Key D.C. Circuit Decision Revives CAA Emergency Event Affirmative Defense
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The Court’s decision restores an important tool for all Title V sources facing potential enforcement as a result of emergency technological…
Recent FTC Developments on Non-Compete Enforcement
It has been a busy month for the Federal Trade Commission (“FTC”) and enforcement activity concerning non-compete restrictive covenants in employment agreements. If you have been following this topic, you’ll recall that during President Biden’s administration in 2024, the FTC issued a rule banning non-compete provisions in employment agreements with certain exceptions.
That led to…
Friendly PC Model: 3 Key Ancillary Agreements for CPOM Compliance
With the rebound of private equity (“PE”) activity in healthcare across the United States, the Corporate Practice of Medicine and Dentistry (“CPOM” or “CPOD”) has likewise experienced renewed focus by state legislatures and enforcement agencies in 2025.[i] However, despite this rekindled attention, the often-referenced “Friendly PC” model remains the best structural strategy to…
Executive Order 14117 Comes into Force: Key Considerations for Cross-Border Data Transfers
What Happened? On January 8, 2025, the United States Department of Justice (“DOJ”) issued a final rule (“Final Rule”) to implement Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (“EO 14117”). The Final Rule aims to restrict or prohibit certain categories…
One Big Beautiful Bill Act Expands QSBS Tax Incentives for Small Business Investment
On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (the “OBBB”), which makes a number of highly beneficial changes to the tax treatment of Qualified Small Business Stock (“QSBS”) acquired by “non-corporate” taxpayers after July 4, 2025. The goal of these changes is to encourage investment in new companies by providing…
Ohio Department of Development Updates QEP PILOT Construction Reporting Process
The Ohio Department of Development (“ODOD”) has made some changes to documents provided by renewable energy projects that have received certification as a Qualified Energy Project (“QEP”) in the Payment in Lieu of Taxes (“PILOT”) program under R.C. 5727.75:
- Recently, ODOD established new informational requirements that a QEP must meet if the project provides an
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