Compliance Update for Employers and Employees – Non-Competes under the Federal Trade Commission

Yesterday, the FTC issued a significant rule regarding non-compete agreements. This is a nationally applicable rule.

In a nutshell, the FTC's rule aims to bring more transparency and fairness to non-compete agreements, ensuring they're used appropriately and not to stifle competition or restrict an employee's ability to change jobs. While this is a new rule nationally, any stricter rules under state law will still apply to those under such a state's jurisdiction.

Here are the basics to know about the new federal rule:

• Non-competes must be tailored to protect legitimate business interests.

• They should be disclosed before a job offer is accepted.

• Employees should have ample time to review and seek legal advice.

• Unreasonable restrictions could face scrutiny.

• Employers should review past non-compete agreements and may need to notify employees of the new rule's effect on them.

The rule goes into effect in 120 days. We expect legal challenges to be filed in federal courts to invalidate or limit this new rule, so stay tuned!

Nebraska employers who are abiding by Nebraska legal requirements for their non-compete and non-solicitation agreements are likely already compliant with this new federal rule. Nebraska has long required that non-competes be narrowly focused, permitting employers to prohibit from soliciting customers, clients, vendors, and employees for a limited period after their departure. Nebraska courts will not enforce generalized non-competes that amount to industry bans. Of course, some nuances could affect a particular employer or employee differently, and legal advice should always be sought.

The FTC's press release is available here: FTC Announces Rule Banning Non-competes | Federal Trade Commission.

At ES Law, we're committed to helping you stay compliant and navigate these changes smoothly. Contact us today to ensure your non-compete agreements align with the latest regulations.

A Transformative Journey: My Full-Time Government Externship in Washington D.C.

Embarking on a full-time government externship with Representative Don Bacon's office in the heart of Washington, D.C., has been an enlightening and transformative experience. Throughout this journey, I interacted with diverse individuals, delved into constitutional law and agricultural policy, and witnessed Congress's inner workings firsthand.

My days were filled with encounters, from engaging with Representative Bacon's constituents and lobbyists to collaborating with congressional staffers. This experience broadened my understanding of legislative processes and honed my legal analysis and writing skills through in-depth research on constitutional law and agricultural policy. The opportunity to review congressional bills and analyze recent Supreme Court cases provided a practical application of my academic knowledge.

One of my responsibilities included crafting tweets for Representative Bacon, which challenged me to distill complex issues into concise and impactful messages. Additionally, taking detailed notes during congressional hearings and speeches enhanced my ability to synthesize information quickly and effectively.

Beyond professional development, exploring the historical city became integral to my learning. Familiarizing myself with the U.S. Capitol and its iconic Visitor Center added a tangible dimension to my understanding of American governance.

While on the Hill, I witnessed lively debates among members of Congress on crucial policy issues. The opportunity to explore congressional offices and meet prominent figures such as Bill Nye and Gregory Marcus ( of Marcus Theaters) added a layer of inspiration to my experience. Beyond the political realm, my time outside the office was equally enriching as I immersed myself in the cultural tapestry of Washington, D.C. Exploring museums, sampling diverse cuisines, and attending Washington Commanders and Baltimore Ravens football games provided a well-rounded experience.

This externship promises lasting benefits for my academic journey. Navigating federal databases and gaining insight into the intricacies of the federal government deepened my understanding of the subjects I study. The exposure to Creighton Law alums on the East Coast expanded my professional network, offering valuable connections for the future.

Participating in the Stennis Program for Congressional Interns, a bipartisan initiative, added another layer of depth to my experience. Engaging in weekly discussions with senior congressional staff and collaborating on a group project broadened my understanding of Congress and provided a platform to share my insights.

My time in Washington, D.C., was not just a professional externship but a holistic exploration of history, politics, and culture. The lessons learned and connections forged during this period will undoubtedly shape my academic and professional trajectory, leaving an indelible mark on my journey toward a comprehensive understanding of governance and law.

Kaitlin McKenna is a 3L at Creighton University and a returning participant in Erickson Sederstrom’s Law Clerk program.

Matt Rusch Triumphs - Griffith v. LG Chem et al: Summary Judgment Affirmed on Appeal

Congratulations to partner Matt Rusch regarding a recent Nebraska Supreme Court victory, Griffith v. LG Chem et al.  The Court affirmed the Lancaster County District Court’s grant of summary judgment in favor of Erickson Sederstrom clients.  The case involved a conflict of law issues between Nebraska and Pennsylvania regarding the application of the states’ conflicting statutes of limitation. 

Background: 

The case centered around John Griffith's injuries sustained while replacing electronic cigarette batteries at his home in Pennsylvania.  He had purchased the batteries at a truck stop in Nebraska.  LG Chem and LGCAI were alleged to be the manufacturers of the batteries.  The Griffiths filed suit against LG Chem, LGCAI, Shoemaker’s, and E-Titan, alleging negligence, product liability, breach of warranty, and loss of consortium. E|S represented Shoemaker’s and E-Titan, while LG Chem and LGCAI were represented by other counsel.  Key issues included conflicting statutes of limitations from Pennsylvania and Nebraska and a challenge to personal jurisdiction over LGCAI.  The case was filed in Nebraska more than 2 years after Mr. Griffith received his injuries.  Shoemaker’s and E-Titan sought summary judgment, contending that Griffith’s claims were time-barred under Pennsylvania's 2-year limitation period. The Griffiths argued that Nebraska’s 4-year statute of limitations applied. The district court determined that an actual conflict existed between the two states' laws and that the 2-year Pennsylvania statute of limitations applied, resulting in dismissal of all claims against Shoemaker’s and E-Titan.  The district court also dismissed LG Chem and LGCAI from the case, citing a lack of personal jurisdiction.

The Griffiths appealed, challenging the summary judgment in favor of Shoemaker’s and E-Titan and the dismissal of LG Chem and LGCAI. The assignments of error focused on applying the Pennsylvania statute of limitations and the court's lack of personal jurisdiction over LGCAI.

Analysis and Conclusion:

The Nebraska Supreme Court affirmed the district court’s grant of summary judgment for Shoemaker’s and E-Titan and dismissal of the other defendants. 

The appellate court concurred with the district court's findings, emphasizing that Griffith’s negligence claims were based on Pennsylvania law, justifying application of its statute of limitations. The court also upheld the dismissal of LGCAI, stating that the Griffith failed to establish sufficient contact between LGCAI and Nebraska.

Griffith v. LG Chem, 315 Neb. 892

Meet Our Newest Attorney Callie G. Williams!

Omaha Estate Attorney Callie G. Williams

We are delighted to introduce Callie Williams, the latest addition to our estate team. With a wealth of experience and a unique perspective, Callie brings fresh energy and valuable insights to our firm.

Beyond the general opportunity to experience the realities of being a practicing attorney, Williams is looking forward to learning from the highly esteemed attorneys of Erickson Sederstrom, the prospect of contributing positively to clients and the Greater Omaha community, and the opportunity to discover her niche within the practice.

A graduate of the University of Nebraska Omaha and the University of Missouri-Kansas City School of Law, her past experiences will undoubtedly contribute to her future success in law.

Active in various legal associations, including the Treasurer position for the Nebraska State Bar Association's Real Estate, Probate, and Trust Law section, Callie is not just a legal professional but a dedicated advocate for positive change. She serves on the Board of Directors for Ambassadors Worship Center and is actively engaged in community service.

“As a minority, I understand the importance of diversity and inclusion, and I am committed to promoting these values in the workplace. My journey as the first attorney in my family reflects my ability to break barriers and navigate uncharted territory, demonstrating adaptability and a strong work ethic. The challenges I have overcome have honed my problem-solving skills and tenacity, qualities that will undoubtedly serve me well in addressing complex legal matters,” shared Williams.

Please join us in extending a warm welcome to Callie. We look forward to the valuable contributions she will bring to our team and the positive impact she will undoubtedly make in the legal profession and the community.

Matt Quandt appointed to the NDCA Board of Directors

Matthew D. Quandt

We're delighted to announce that partner Matt Quandt was appointed to the NDCA Board of Directors! The Nebraska Defense Counsel Association is comprised of approximately 200 Nebraska defense attorneys, practicing in state and federal courts. It’s mission is to enhance the knowledge and skills of its members and members' clients through educational programming and the exchange of information, ideas, and litigation techniques and to promote the highest standards of professionalism, civility and courtesy in litigation. This appointment is a testament to Matt's contributions to the legal community and his dedication to civil defense.

Matt is a key member of Erickson Sederstrom’s experienced litigation group. His practice concentrates on trucking accidents, including wrongful death and personal injury; he represents some of the biggest motor carriers and insurers in the nation.

 We extend our heartfelt congratulations to Matt on this well-deserved achievement. 

A Day in the Life at ES Law- The Work of a Paralegal

I have been a litigation paralegal at Erickson Sederstrom for a year and a half. After my first career as a performing artist, working in law is my ‘next act’ you might say. Growing up and as a student, I was always more drawn to classes and subjects that let me read, write, and research. When I retired from professional dance, I decided to take a chance on a new field and happened to love it as it aligned with so many of my interests and skills already.

I work for 13 of our litigation attorneys in our firm, and I can honestly say every day is different. Even when I attempt to make a schedule of priorities and plan what I want to accomplish, new things arise and I am putting out small fires, so to speak, daily. While no day can necessarily be considered normal, there are tasks that I complete regularly.

Most of my day is spent tending to litigation cases involving car accidents and semi-truck accident insurance defense and plaintiff’s work. I have attorneys who work both plaintiff and defense, so it is exciting and fun to shift my mindset as I work a case from start to finish. The first task I may complete in these cases is finding and requesting the police motor vehicle accident report. This contains vital information about the parties involved and the accident itself. My primary responsibility is the collection and summarization of medical records and bills. In accident litigation, the outcome centers around the damages, or money, owed to the plaintiff. I request medical records from years before the accident, encompassing the day of the loss and up until the present day. This allows us to identify if any of the injuries they claim occurred before and may not be entirely attributable to the accident alone. I think I was meant to be a doctor in another life, so exploring and summarizing these records allow me to live in that world.

Another aspect of working in litigation deals with court documents. I may be asked to draft a pleading, a motion or a subpoena for records. If either side has filed a motion for summary judgment for example, there will be briefs written back and forth to support and oppose each argument. In this instance, my job is to draft an index of evidence and pull the evidence that will be supplied with our brief to support our reasoning. This makes me a bit of an investigator as I cull through hundreds or thousands of pages of documents to narrow it down to precise information that will be easily digestible for a judge.

I love working collaboratively with our attorneys whether it be a car accident case, employment litigation, construction defect, or a contract dispute. I have always thrived in positions that afford me the responsibility to do my job well and the means to support others as they do their best work. As I finish my second year as a paralegal, I am grateful for the education I gained and the job that entered me into the field of law. I can’t wait to see where it takes me.