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On April 23, 2024, the Federal Trade Commission (FTC) issued its proposed final rule (the “Rule”) banning the use of future noncompete agreements for all workers, including senior executives, 89 FR 38342. Noncompete agreements have long been a valuable tool in a company’s toolbox to mitigate the...

Saul Ewing’s Casey Grabenstein and Andrew Schwerin write that courts are divided on whether plaintiff bias justifies discovery about litigation funding. They argue litigation funding wouldn’t often create a conflict of interest for a plaintiff.