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Providing Perspective on President Biden’s Executive Order on Promoting Competition in the American Economy

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https://video.bakermckenzie.com/embed?id=85c1a8fc-1df3-496d-983d-926330f28f97

In this Quick Chat video, Baker McKenzie’s Labor and Employment, Trade Secrets and Antitrust lawyers explore the impact on employers of the severe limitations on post-employment noncompete restrictions outlined in President Biden’s Executive Order on Promoting Competition in the American Economy and the supporting Fact Sheet.

While not at all unexpected, President Biden’s Executive Order is catapulting the use of post-employment noncompetes to the forefront of conversations and business planning for US employers. Baker McKenzie attorneys address what employers should do now to prepare for anticipated action by the Federal Trade Commission and Department of Justice in line with the Executive Order, including taking inventory of their noncompete agreements and considering the impact of any wide-spread rulemaking to how the organization manages employee-raiding/poaching, maintenance of trade secrets and confidential information, and M&A.

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Jeff Martino brings an in-depth understanding of a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. Jeff is co-lead of the Firm's Global Cartel Task Force and represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the US Department of Justice (DOJ) and other federal and state agencies. Jeff draws upon his extensive criminal investigations, litigation, and enforcement experience to advise clients through sensitive matters pertaining to international cartel actions and white collar investigations. Prior to joining Baker McKenzie, Jeff spent nearly two decades at the DOJ and his last five years as Chief of DOJ Antitrust Division's New York Office. He has extensive experience as "first chair" on trials and investigations in the most complex areas of criminal antitrust and market manipulation. Jeff's work at the DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

Author

Billie’s practice includes all aspects of employment compliance and litigation under federal, state, and local laws and regulations. Before specializing in employment law, Billie focused on complex business litigation and class action defense. She also has extensive experience in a variety of substantive areas, including business disputes, white collar criminal defense, consumer protection, intellectual property, and products liability. Prior to entering private practice, Billie served as a law clerk to the Honorable Richard C. Tallman, U.S. Court of Appeals, Ninth Circuit, and to the Honorable Alicemarie H. Stotler, U.S. District Judge, Central District of California.

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JT Charron is an associate in Baker McKenzie's Chicago office and a member of the Firm’s Employment and Compensation Practice Group. Prior to joining the Firm, JT was an associate attorney with other leading law firms. Additionally, in 2015 JT advocated for disadvantaged children’s educational rights and interests at the Legal Services of Eastern Missouri's Children’s Legal Alliance and worked as Student Clinician at the Boesche Legal Clinic’s Immigrants Rights Project in 2014, where he represented refugees seeking asylum in the US.

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Katelyn is an Associate in the Litigation and Government Enforcement Practice Group assisting clients in complex civil litigation and government enforcement matters. Prior to joining the firm, Katelyn worked at a litigation firm where she focused on restrictive covenant, products liability, and shareholder dispute litigation.

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