Monica Meiterman-Rodriguez (she/her)

Collision dead ahead for the new Federal Trade Commission Non-Compete Rule. A district court in the Third Circuit upheld the rule just a few weeks after a Fifth Circuit district court struck it down (see my prior post here: https://lnkd.in/gB-i_MXq?). Expect these matters to go up to the appellate courts and then it's a fair bet that (majority anti-agency) SCOTUS will take up the case. Here the Plaintiff was a tree care service that wanted to prevent its former employees from working for any other tree care service in the same county. Plaintiff argued that it was damaged by the rule because it would need to scale back employee training or else its staff will be poached by competitors. In response the FTC points out that the new rule doesn't have any requirements related to training and the provision of more training might help Plaintiff be a more competitive recruiter. The court also noted that the potential leakage of confidential information by former employees could be easily controlled with an NDA. Most importantly, the court found that the FTC likely did have the power to promulgate a rule barring non-compete agreements under the FTC Act. Specifically, the missive that the FTC should "Prevent" unfair methods of competition suggested to the court that the FTC must have the power to make rules because "prevent" means "to keep from happening or existing." "Congress chose the term 'prevent,' which on its face means the FTC was intended to act prophylactically to stop "incipient" threats of unfair methods of competition, not solely responsively through adjudications, as courts interpreting the statute have confirmed." No doubt any appellate opinion will delve heavily into what powers are conveyed when an agency is asked to "prevent" something.

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As in house counsel, it’s so important to have your primary outside counsel just “get it”. Getting it can mean different things for different companies. As solo legal at a tech startup, for me “getting it” really boils down to understanding that I have limited budget to spend on outside counsel. That is why it’s so valuable for me to have someone I can call for a quick sense check without worrying about getting a bill for 0.1 of an hour. Just that simple act shows me they see this as a long-term partnership and something worth investing in. And it’s why as we continue to grow, we plan to stick with them and reward their faith in us. 

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Reports about today's Colorado Privacy Act amendment are focusing on protections for neural data, but the amendments are broader than this. The CPA now includes a new type of sensitive data called "biological data," meaning "data generated by the technological processing, measurement, or analysis of an individual's biological, genetic, biochemical, physiological, or neural properties, compositions, or activities or of an individual's body or bodily functions, which data is used or intended to be used, singly or in combination with other personal data, for identification purposes. 'Biological data' includes neural data." Neural data, in turn, means "information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device." Based on the legislative findings stated in the bill and statements by legislators, it looks like "neural data" is not intended to have the qualifier applicable to "biological data" more generally that it must be "used or intended to be used ... for identification purposes," but that could have been made clearer in the text, which you can read here: https://lnkd.in/eedfS2y8. #privacy #privacylaw #dataprivacy #dataprotection #dataprotectionlaw #neuroprivacy #privacypros

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Justice 101 (part 2) Frequently Asked Questions Federal and State Legal Systems What is the difference between the U.S. Attorney's Office and the state prosecutor’s office? What are federal crimes? Investigations & Violations of Law Does the U.S. Attorney's Office investigate crimes? What should I do if I have evidence of a federal crime? What should I do if I have evidence of a state crime? How can I find out if a particular matter is being investigated by the federal government? What if the U.S. Attorney declines a case? What can I do if my civil rights have been violated? Legal Assistance How can I get legal advice or help? Can you suggest someone who could represent me? What can I do if my lawyer is not properly helping me? Can the DOJ help me get a ruling in a case? Federal Cases How can I get my sentence reduced for helping the government in a case? How do I challenge my sentence? How can I file a motion to vacate my sentence or appeal my case? How can I appeal my conviction or sentence? How can I get a pardon? What do I do if I have been the victim of a federal crime? Prisons How can I report federal prison conditions, the inmates, or prison employees? How can I request a prison transfer within the federal prison system? How can I complain about state prison or request a transfer within the state system? https://lnkd.in/e4siQNns

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📝 RESUME tips for attorneys: 1. PROOFREAD! 😭 This may sound so obvious, but I regularly view otherwise strong resumes that have spelling errors, extra spaces between random words, inconsistent formatting (e.g. font size), etc. Usually it's only 1 or 2 mistakes, but that's enough to give the impression of carelessness. 2. Be specific about your experience! Don't just state what type of litigation or transactions you work on; explain your background in the various stages of a case or transaction. 3. List the jurisdictions and courts in which you are admitted to practice! Not everyone does this, but law firms absolutely want this information. 4. Try to keep it to 1 page while you're at the junior and mid-level. Once you hit the senior level, that usually becomes impractical, but the longer your resume, the more likely it is that a Partner or Recruiting Coordinator will miss important information when skimming through. Keep that in mind. 5. Generally speaking, it's better to list experience before education on your resume once you hit the senior associate level. There may be exceptions depending on context, so let me know if you want to chat about your own resume. 6. Tailor your resume to include keywords from the job posting you are applying to. A lot of firms use Applicant Tracking (ATS) systems that screen resumes based on the inclusion or exclusion of those exact keywords. 7. Be careful using AI to create your application documents, because firms sometimes can figure out that you've done so, and may consider it a sign of dishonesty or laziness. If you have questions about any of this, let's chat! 📧  [email protected] 📞  617-213-0597 🤝  https://lnkd.in/eaaiZkaz #hiring #LateralHiring #AttorneyJobs #LawFirmJobs #recruiters #CareerAdvice Lauren (Greenberg) Churba, Esq.

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Ever considered 🤔 stepping into a staff management role as a lawyer? Here are five key factors to deliberate 🧐 before making that pivotal move: - **Understand the Shift** 🔄: Transitioning from fee earner to manager implies a strategic shift. You're no longer just responsible for your caseload; you're directing team efforts and nurturing talent. Are you ready to trade files 📂 for people management 👥? - **Skillset Evaluation** 💪: Effective management requires a distinct skill set - think communication 🗣️, leadership 🔝, and conflict resolution 🕊️. Self-assessment is crucial; assess your strengths 💪 and any areas needing development 🛠️. - **Work-Life Balance** ⚖️: Managing a team often means extended hours and greater commitment. Analyse 🕵️‍♂️ how this role will impact your personal life and whether you're in a position to accommodate these changes. - **Firm's Culture & Values** 🌟: Alignment with your firm's ethos is vital. Does the management philosophy resonate with you? Remember, you'll be steering the ship 🚢 in accordance with these ideals. - **Career Aspirations** 🚀: Consider how this move fits into your long-term goals. Will a management role pave the way for advancement, or do you thrive in the hands-on legal work? 🔍 If these resonate with you or you're curious to explore more, let's have a conversation 💬: Jump over to www.thorntonlegal.co.uk to discover how these insights align with your career trajectory - our door's always open for a chat 🚪🤝. #LegalCareer #CareerAdvice #ManagementRoles

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