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Lacy Brown

As seen in: Bloomberg Law, JD Supra, A Matter of Law (Podcast)

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Articles

Competition returns to non-compete law: Developments since spring 2023

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By Lee Ann Whitesell, Lacy Brown
| A Matter of Law (Podcast)
Key takeaways Non-compete agreements aren’t subject to a federal ban—for now. But the FTC has stepped up enforcement against unfair restrictions on competition while states have started outlawing many (or, in some states, most) non-compete agreements. Employers and IP owners should take a hard look at their non-compete policies and other trade-secrets protections.
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How Trial Lawyers Should Tackle Science-Related Presentations Original

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By Lacy Brown, Elizabeth Alice Och, Lee Ann Whitesell
| Bloomberg Law Verified
Litigators managing science-related cases must simplify complex material and genuinely engage with the audience to succeed in their presentation. • Experts can help lawyers understand scientific, technical issues, while the right client witnesses can make that information more meaningful to the court and jury. • Lawyers should consider using analogies and multiple presentation mediums to enhance explanations.
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Fourth Circuit Denies Rehearing in Case With Major Implications for Article III Standing and Trial Court’s Role as Gatekeeper for Expert Testimony | JD Supra

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By Lacy Brown, Lee Ann Whitesell
| JD Supra
Last week, the Fourth Circuit denied defendants' petition for rehearing in Sommerville v. Union Carbide, a proposed class action for medical monitoring for alleged exposure to emissions of ethylene oxide (EtO). The denial of rehearing leaves in place the panel opinion reversing the district court's decision in favor of defendants Union Carbide and Covestro. This means the case is now reinstated and will resume in the district court.
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