On January 5, 2023, the Federal Trade Commission (“FTC” or the “Commission”) released a Notice of Proposed Rulemaking which aims to ban non-compete clauses in employment contracts. A non-compete clause is a contractual term that typically blocks an employee from working for a competing employer, or starting a competing business, […]
Publications
Nebraska Supreme Court: State Traffic Laws Preempt Contrary Municipal Ordinances
State v. Albarenga, 313 Neb. 72 (2022). After observing Seidy Albarenga run a red light, a Lincoln police officer pulled her over. Albarenga had turned left from a one-way street onto another one-way street despite a left-turn signal that showed solid red. Lincoln Municipal Code section 10.12.030 prohibits drivers from […]
Biden Administration Finalizes New Rule Defining Waters of the U.S. Under the Clean Water Act
The new definition of “waters of the United States” will expand federal authority to require permits for any waterbody with a “significant nexus” to navigable waterways. On December 30, 2022, the United States Environmental Protection Agency and U.S. Army Corps of Engineers announced a final rule defining “waters of the […]
Iowa Department of Inspections and Appeals Clarifies Rule for New Iowa Staffing Agency Law
On November 30, 2022, the Iowa Department of Inspections and Appeals (“IDIA”) published final rules regarding Iowa’s new law (Iowa Code § 135Q.2) related to health care employment agencies. In August, Baird Holm first reported on the new requirements and limitations for health care employment agencies doing business in the […]
SECURE 2.0 is Here: Major Retirement Plan-Related Changes
On December 29, 2022, President Biden signed into law the “SECURE 2.0 Act of 2022,” which includes nearly 100 sections that expand on retirement laws and encourage (and, in some cases, require) additional retirement savings. SECURE 2.0 comes right on the heels of the SECURE Act of 2019, which, at […]

