News & Insights

In the Face of Affirmative Action: Persisting With Law Firm Diversity Efforts

The Supreme Court decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023) held that affirmative action programs are unconstitutional in private college admissions. The decision left businesses that are committed to diversity initiatives worried about what it would mean for their DEI programs. However, the decision does not invalidate private employment diversity efforts. Shelley Smith, Archer’s Chief Diversity, Equity and Inclusion Officer and Partner in the firm’s Business Litigation and Labor and Employment Groups, recently authored The Legal article, “In the Face of Affirmative Action: Persisting with Law Firm Diversity Efforts,” which reviews the Supreme court decision. In the article, Shelley discusses the legal field being among the least diverse professions and how law firms can continue working towards a more diverse and inclusive industry - despite the current attacks against affirmative action. To read the article, click here. ...read more

The Shifting Landscape of Antitrust Lawsuits in the Medical Field

Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Chief Healthcare Executive article, “The shifting landscape of antitrust lawsuits in the medical field.” They continue to discuss widespread staffing shortages in the healthcare industry in the wake of the COVID-19 pandemic, and how the shortages may come to affect Antitrust laws in the medical field as courts are expected to further scrutinize how a hospital’s privileges determination could negatively impact the local healthcare landscape, patient care, and physician access. ...read more

Health Staffing Shortages May Draw More Antitrust Scrutiny

Archer Business Litigation Group Attorney’s Michael Horn and Dylan Newton recently co-authored the Law60 article, “Health Staffing Shortages May Draw More Antitrust Scrutiny.” They discuss widespread staffing shortages in the health care industry in the wake of the COVID-19 pandemic, and how the shortages may cause courts to begin cracking down on hospitals and hospital systems that have engaged in allegedly anti-competitive behavior. ...read more

Federal Court Sets Aside FTC Ban on Non-Competes

The United States District Court for the Northern District of Texas has set aside the Federal Trade Commission’s (“FTC”) Non-Compete Clause Rule (“Rule”). In a ruling with nationwide effect, the court ordered that “the Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.” This ruling bookends the first chapter of the FTC’s assault on non-compete agreements by way of rulemaking and eliminates the enormous uncertainty for employers previously staring down the Rule’s September 4 effective date and its mandatory notice requirement. In Ryan, LLC v. FTC, the court found that (1) the FTC lacked statutory authority to promulgate the Rule and (2) the Rule is arbitrary and capricious. As to its first finding, the court concluded that the FTC lacked authority to promulgate substantive rules regarding unfair methods of competition. And with respect to its second finding, the court held that the Rule is arbitrary and capricious under the Administrative Procedure Act (“APA”) because it was unreasonably broad without any reasonable explanation. Having reached these conclusions, the court held that it was obligated to “hold unlawful” and “set aside” the Rule under the APA. In a break from its earlier preliminary injunction ruling – which stayed the Rule’s effective date only as to the plaintiffs in the case – the court explained that this setting aside has nationwide effect and is not limited to the named plaintiffs. Now that the FTC’s sweeping Rule has been set aside, employers can breathe a sigh of relief. However, an appeal is expected and hostility towards non-compete agreements still remains. Given this, employers should work with counsel to review existing agreements to ensure compliance with applicable state law while considering additional options to protect their legitimate business interests. You can read our previous advisories on the FTC’s Non-Compete Clause Rule here: ...read more

A Fast-Approaching Valentine’s Day Deadline for Employers with California Employees Subject to Non-Compete Agreements

This Time It's Personal (Jurisdiction): U.S. Supreme Court Upholds Constitutionality of Pennsylvania’s Consent to Jurisdiction by Registering to do Business Statute

As the term ends for the Supreme Court, there have been several opinions issued recently that have garnered public attention. However, one decision may have flown under the radar that could have significant implications on businesses and where they can be sued: Mallory v. Norfolk Southern Railway Co. ...read more

How Should Midsize Firms Navigate DEI Landmines

Shelley R. Smith, Archer's Chief Diversity, Equity and Inclusion Officer, was interviewed for the Law.com article, "How Should Midsize Firms Navigate DEI Landmines?" Shelley, a partner in the firm's Labor & Employment Group, discussed how midsize firms can move forward with DEI programming without risking litigation or other issues related to recent DEI pushback. The article offers practical advice on how midsize firms can ensure they're compliant with the law and able to continue the efforts they started before as much resistance had occurred. ...read more

Patrick Papalia Quoted in Law360's The Barometer Newsletter Article, "Litigators Strategically Deploy Remote Depositions"

Patrick Papalia, Archer Business Litigation Partner, recently provided insight on the uptick in remote depositions for Law360's global newsletter, The Barometer. Alaina Lancaster's article, "Litigators Strategically Deploy Remote Depositions," addresses multiple attorneys views on opposing counsel using remote depositions to gain a tactical advantage. ...read more

Patrick Papalia Interviewed for the New Jersey Law Journal Article, "A Matter of Strategy Now: Remote Depositions Are Becoming a Tactical Issue"

The New Jersey Law Journal article, "A Matter of Strategy Now: Remote Depositions Are Becoming a Tactical Issue," discusses the strategic aspect to the choice between in-person and remote depositions. Archer Business Litigation Group Partner Patrick Papalia was interviewed by NJ Law Journal's Charles Toutant and discusses why he prefers to conduct in-person depositions throughout the article. ...read more

Kerri Chewning Reappointed to Federal Court Advisory Committee

Archer partner, Kerri E. Chewning, has been reappointed to the Lawyers Advisory Committee of the U.S. District Court for the District of New Jersey. Kerri has served as a Committee member since 2010. She was reappointed by Chief U.S. District Judge Renée Marie Bumb to another one-year term running through January 31, 2025. ...read more

Maureen Coghlan, Debra Rosen and Richard Wells Recognized by NJLJ 2023 New Jersey Legal Awards

Archer is pleased to announce that three of the firm’s attorneys have been recognized for their efforts by the New Jersey Law Journal this year in the publication’s annual awards.* ...read more

Jeffrey Kolansky, Jeffrey Scott and Eric Yun Represented Bucks County in FMLA Suit Detailed in Law360 Article, “3rd Circ. Upholds Pa. County's Win In FMLA Suit”

Archer attorneys Jeffrey Kolansky, Jeffrey Scott and Eric Yun represented Bucks County in a FMLA suit recently brought before the Third Circuit. The case in which a three-judge panel affirmed Bucks County's summary judgment win is detailed in the July 11 Law360 article, “3rd Circ. Upholds Pa. County's Win In FMLA Suit.” Donald Jacobs sued the County of Bucks, its Chief Operating Officer, and its Solicitor, under the Family and Medical Leave Act (“FMLA”), 42 U.S.C. § 1983, and Pennsylvania’s Whistleblower Law. Bucks County and two of its employees were sued by Donald Jacobs, the county's former chief information officer, over his firing. ...read more

Jeffrey Scott to Present "Police Liability 2023-2024: Understanding the Practical Aspects of Law Enforcement Liability Cases"

Jeffrey Scott, a partner in Archer’s Business Litigation Group, will speak about police liability during a National Business Institute Live CLE Webinar on February 6. Information is as follows: ...read more

Richard Gilly to Speak at the American Petroleum Institute General Meeting

Richard P. Gilly, a member of Archer’s Intellectual Property Group and chairs the firm’s Patent Department, will speak alongside various experts at the American Petroleum Institute Houston Chapter General Meeting this April. ...read more

Robert Egan to Serve as Speaker for "Protecting Customer Data: Responsibilities and Liabilities"

Topic: NJCC Virtual Small Business Series - Protecting Customer Data: Responsibilities and Liabilities – What You Need to Know in 2023 ...read more