Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

John E. Thomas, Jr.

Photo of John E. Thomas, Jr. John practices in the area of labor and employment. He regularly counsels employers regarding employment agreements, policies and handbooks, misappropriation of trade secrets, employee terminations, and severance agreements. With a focus on employment-related litigation, John represents employers facing claims of harassment, retaliation, and discrimination under a host of employment laws including the FLSA, the FMLA, Title VII, the ADA, and the ADEA. Moreover, he has experience representing employers facing claims concerning defamation, breach of employment contracts, and covenants not to compete.

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SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

By Edwin O. Childs, Laura Colombell Marshall, Brian D. Barger, WIlliam Doyle, John E. Thomas, Jr., Abram J. Pafford, Jack White, Michael Francisco, John S. Moran and Timothy J. Whittle on Government Contracts
Influenced by the U.S. Supreme Court’s SFFA college affirmative action decision, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially… Continue Reading

Federal Trade Commission Proposes Rule to Bar Almost All Non-Compete Agreements in Contracts With Workers

By Amy Manning, Holden Brooks, Wrede Smith, Joshua Wade, John G. McDonald, Elena Marcuss, John E. Thomas, Jr., John Bishop, Brandi G. Howard and Casey Erin Lucier on Enforcement and Prosecution Policy and Trends
On Jan. 5, the Federal Trade Commission proposed a sweeping rule that would bar almost all non-compete clauses in contracts with workers and in other agreements. A notice-and-comment period provides an opportunity for stakeholders to comment on the proposed rule. If adopted, the rule, which would not take effect for several months, would upend longstanding… Continue Reading

Department of Labor Proposes Rule Granting Government Contractor Employees Right of First Refusal

By Francis J. Aul, John E. Thomas, Jr., Edwin O. Childs, David Greenspan and Sabrina A. Beldner on Government Contracts
On July 15, the U.S. Department of Labor proposed a new regulation that would require successor government contractors to offer employees of predecessor contractors the first right of refusal for employment on certain contracts. Read on for more information about the proposed regulation.… Continue Reading

Frequently Asked Questions About the New COVID-19 Vaccine Executive Actions

By Brian D. Barger, Meredith Pinson, John E. Thomas, Jr. and McGuireWoods LLP on Compliance, Government Contracts
As McGuireWoods noted in a Sept. 10, 2021, alert, President Biden’s broad six-part strategy to combat the COVID-19 pandemic is raising many questions for employers. While employers await the much-anticipated regulations, a few answers to questions regarding the proposed federal vaccine requirements already are available. For answers to frequently asked questions about the COVID-19 vaccine… Continue Reading

Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers

By John E. Thomas, Jr., Elena Marcuss, David Greenspan and John G. McDonald on Securities and Commodities
In an important case clarifying the scope of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the U.S. Supreme Court held on Feb. 21, 2018, that the law unambiguously requires an individual to report a securities law violation to the SEC in order to claim whistleblower protection under the provision.… Continue Reading

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