Earlier this month, we celebrated the launch of Unshackled surrounded by clients and friends in San Francisco! It was a wonderful event, and we look forward to many more to come.
Author: Caroline Recupero
On January 5, 2023, the Federal Trade Commission (FTC) proposed a nationwide ban on non-compete clauses. The proposed ban follows initial findings by the FTC that non-competes constitute an unfair method of competition, which violates Section 5 of the FTC Act. This also follows through on President Biden’s 2021 Executive Order on Promoting Competition in the American Economy, which encourages the Commission to take action against the unfair use of non-compete clauses and other potentially restrictive covenants that may unfairly limit workers’ wages and mobility.
The proposed rule includes three main elements:
- It categorizes all non-compete agreements to be unfair methods of competition and makes it illegal under Federal law to enter into or maintain non-competes with any workers, including employees, independent contractors, externs, interns and volunteers;
- it requires employers to rescind existing non-competes; and
- it requires employers to notify current and former employees of the rescission and provides a template for such notices.
The FTC has estimated that the new rule could increase wages by nearly $300 billion per year. While still subject to a public comment period, finalization and judicial review, if implemented, the new rule would have a seismic impact on employment agreements nationwide. Naturally, we will keep you informed of further developments.
Last week, a Lewis & Llewellyn team consisting of Toby Snyder, Zack Flood and Paul Llewellyn filed a brief in the Ninth Circuit Court of Appeals, on behalf of the firm’s client, Top Agent Network, challenging the National Association of Realtors’ so-called “Clear Cooperation Policy.” The draconian rule requires real estate agents to submit a real estate listing to the MLS within one business day of “marketing” a property to the public. The NAR has defined marketing extremely broadly to include two agents even discussing a property. The appeal has already attracted the attention of the media, including Law360, Inman and The Real Deal, as well as the U.S. Department of Justice, which has asked the Court for permission to file an amicus brief. Stay tuned for further details.
Just days after its launch, Paul Llewellyn’s debut book, Unshackled: Reimagining the Practice of Law, has become an Amazon Bestseller. The book reached the number 1 spot in the country in several categories including the Practice of Law, Legal Services and Legal Education. If you have not yet purchased your copy Unshackled is available on Amazon here.
For those wanting to learn more, Paul will discuss Unshackled in a virtual program hosted by the Marin County Bar Association on February 28, 2023 at noon. More information about the program, which will qualify for 1 hour of CLE credit, is available here.
Lewis & Llewellyn is delighted to start 2023 by welcoming Sable Hodson to the firm.
Prior to joining Lewis & Llewellyn, Sable practiced for over six years at Kirkland & Ellis LLP, one of the world’s premier international law firms. There, she represented clients from numerous sectors, including aerospace, technology, consumer products, entertainment, and private equity in complex business litigation. The addition of Sable to the firm’s deep bench of experienced attorneys further strengthens our ability to handle litigation of any size or complexity.
As California’s premier litigation boutique, Lewis & Llewellyn looks forward to continuing to welcome the best and the brightest attorneys from the world’s leading law firms who are looking to practice at the cutting edge of litigation.
Lewis & Llewellyn is pleased to announce that Paul Llewellyn’s debut book, Unshackled: Reimagining the Practice of Law is now available for purchase on Amazon! For the first week only, we have set the Kindle price at just $0.99 for friends of the firm.
A must-read for every lawyer, aspiring lawyer, or those simply interested in the legal profession, Unshackled is a call to action for establishing a more service-oriented and satisfying profession. From how we train lawyers and bill hours to how we service clients and market ourselves, the legal system is long overdue for a wake-up call. After practicing criminal and civil law in England and California, Paul brings a unique perspective to an age-old problem: how to update an outdated system. In Unshackled, Paul reimagines the practice of law as a more humane and human-centered career, presenting a practical plan for improving the lives of lawyers and their clients. Learn more at www.unshackledlaw.com.
Get your copy of Unshackled on Amazon now.
Last week the Lewis & Llewellyn team gathered in San Francisco for our annual holiday party, and we were reminded once again how fortunate we are to work with such an incredible group of people. We are grateful to have had so many opportunities to spend time together in 2022, and we look forward to many more in 2023. We wish you all a very happy holiday season and a joyous new year! 
A former financial adviser at Fidelity Brokerage Services violated his agreement by soliciting former clients upon moving to J.P. Morgan Securities, a California federal judge ruled. Brett Rocine, who transitioned to J.P. Morgan from Fidelity, claimed innocence, yet the judge deemed his actions disingenuous, issuing a temporary restraining order to halt the use of Fidelity’s customer information, initiating an expedited arbitration process. Marc R. Lewis and Ryan B. Erickson of the Lewis & Llewellyn team represent Fidelity.
Fidelity’s success in court showcased Rocine’s breach of contract, prompting orders for the return of confidential information and setting the stage for legal proceedings in the Northern District of California. Check out the article from Law360 below to learn more.
Adviser’s Calls To Ex-Clients Breached Contract, Judge Says – Law360
