FTC Proposes Rule Banning Noncompete Agreements

Paul Hughes co-heads the Firm’s practices focusing on Supreme Court and Appellate Litigation as well as Government and Regulatory Litigation. He briefs and argues complex appeals, and he develops legal strategy before trial courts, including strategic affirmative litigation. An experienced appellate lawyer, Paul has argued nine times at the US Supreme Court, including in February, March, October and December 2019, March 2020 and January 2021. Having presented more than 60 arguments, Paul has appeared before en banc sittings of the Fourth, Fifth, Ninth and Tenth Circuits; panels of the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, DC and Federal Circuits; and several state appellate courts. Paul also frequently argues in state and federal trial courts across the country. Paul is a visiting clinical lecturer in law at the Yale Law School, where he co-directs Yale’s Supreme Court Advocacy Clinic. In listing Paul in its nationwide rating of appellate lawyers, Chambers USA (2022) notes that he “play[s] 3D chess in litigation strategy” and “will learn your business better than you know it.” In ranking Paul as a “Leading Lawyer” in appellate practice, The Legal 500 (2021) describes Paul as “exceptionally professional, effective, and easy to work with,” an “intellectually impressive and skilled advocate,” and it explains that he “demonstrates a surprisingly high policy awareness that sets him apart in Washington.” Before the Supreme Court, Paul won a pair of cases in 2020 – Nasrallah v. Barr and Guerrero-Lasprilla v. Barr – both of which extended the scope of judicial review over administrative agency action. Crucial to Paul’s victory in Nasrallah was advancing a statutory interpretation argument that had been overlooked by all ten courts of appeals to have previously addressed the issue. In 2019, Paul won a unanimous victory – with divided reasoning – in Kisor v. Wilkie, a landmark administrative law case that imposes significant limitations on the scope of agency deference. In 2018, Paul secured a 9-0 win in the bankruptcy case Lamar, Archer & Cofrin, LLP v. Appling, which presented a technical question of statutory interpretation. Paul frequently challenges administrative agency action, especially with respect to the life sciences and healthcare industries, high-skilled immigration, and taxation. In October 2020, Paul won an injunction for the National Association of Manufacturers and the US Chamber of Commerce, enjoining implementation of a presidential proclamation that would have barred tens-of-thousands of high-skilled workers from entering the United States. In a series of orders spanning 2020 and 2021, Paul invalidated four separate regulations designed to substantially upset high-skilled immigration. In 2018, Law360 named Paul an “MVP” for his intellectual property work before the Federal Circuit, where he has argued about a dozen times. Paul also has deep experience with the False Claims Act, civil rights litigation, and securities law. Paul often challenges—and sometimes defends—federal, state, and local governments across a wide range of issues. Paul served as a law clerk to the Honorable Diana Gribbon Motz of the US Court of Appeals for the Fourth Circuit. He was a senior editor of the Yale Law Journal.

Brian Mead focuses his practice on various labor and employment issues. He defends employers, before state and federal courts and administrative agencies, in individual and class action litigation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Fair Credit Reporting Act, the Fair Labor Standards Act and other employment laws, including discrimination, wrongful termination, retaliation and breach of contract claims. Additionally, Brian has substantial experience in prosecuting and defending employee mobility, restrictive covenant and trade secret litigation cases on an emergency injunctive basis. Brian also advises on the labor and employment aspects of M&A transactions on both the buy-side and sell-side, assisting clients to understand and mitigate employment-related risks and exposure. He is experienced in drafting employment agreements and multi-jurisdictional restrictive covenants, as well as termination and separation agreements, ranging from non-exempt employees to CEOs. Brian also provides regular counsel to employers on employee handbooks and policies, employee leaves of absence, discipline and performance issues, disability accommodation, structuring of restrictive covenants and independent contractor relationships. He is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action.

Emily Starbuck focuses her practice on employment law matters.