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Erica T. Jones

Erica Jones is an associate in the firm’s Litigation Department, where her practice encompasses a range of business, regulatory, and corporate governance matters. She has worked extensively in defense of securities class actions, derivative suits, and white collar criminal matters involving investigations by the SEC, DOJ, and state attorneys’ offices. In addition, Erica has advised on antitrust matters involving allegations of price fixing, restraint of supply, monopolization, group boycott, bid rigging, and collusion across industries that include agriculture and health care. She is also a member of the litigation team representing the Financial Oversight and Management Board in the Commonwealth of Puerto Rico’s bankruptcy proceedings.

Erica maintains an active, diverse pro bono practice, with a focus on immigration law, compassionate release and habeas corpus, and racial justice. She is an associate trustee with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and has been recognized by the District of Columbia Courts’ Capital Pro Bono Honor Roll. Erica was also one of a few women selected to be a Protégée for Proskauer’s Women Sponsorship Program, an initiative for high performing midlevel lawyers that champions emerging leaders.

Erica strives to stay on the cutting edge of developing areas of law through her membership in Proskauer’s COVID-19 Task Force, ESG Working Group, and Private Credit Litigation Group.  Erica’s ability to advocate for her clients is further bolstered by her recent Master’s Degree in Accounting from the University of North Carolina’s Kenan-Flagler Business School with a concentration in Financial Reporting and Analysis.

Prior to joining Proskauer, Erica was an intern with the Department of Justice in the Constitutional and Specialized Tort Litigation Section. Outside of her career in the law, Erica has been featured on Fox’s So You Think You Can Dance, teaching ballroom dance to students at Lighthouse for the Blind.

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On August 9, 2023, President Biden signed Executive Order 14105 addressing investments by U.S. persons in certain identified national security technologies in “Countries of Concern,” initially naming The People’s Republic of China, The Special Administrative Region of Hong Kong and The Special Administrative Region of Macau. The Order, long anticipated, represents a further tightening of capital flows between the U.S. and China, following several years of increasing scrutiny on Chinese inbound investment into the U.S.

  1. The FTC recognizes this policy could potentially have far-reaching implications across industries and encompass “functional non-competes.”  Wilkins explained that the proposed rule would apply to “all workers” who are “under the jurisdiction of the FTC,” whether an employee is paid, unpaid, or an independent contractor.  Throughout the interview, Wilkins described how other types of
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The FTC set its sights on non-compete agreements as it debuts its powers under Section 5 of the FTC Act—demanding more of employers than is required under traditional antitrust laws.  

Through Section 5 of the FTC Act, Congress affords the FTC the unique ability to identify and police against “unfair methods of competition,” beyond the contours of other antitrust statutes—namely, the Sherman and Clayton Acts. In the past, the FTC’s policy has been to employ Section 5 in a limited set of circumstances invoking “the promotion of consumer welfare.” In a statement made on November 10, 2022, the FTC shed its previous policy in favor of a more expansive and amorphous view of its statutory authority under Section 5. According to the FTC’s “non-exclusive set of examples of conduct,” unfair methods of competition include: (i) mergers and exclusive dealing arrangements that “have the tendency to ripen into violations of the antitrust laws;” (ii) “practices that facilitate tacit coordination;” and (iii) “parallel exclusionary conduct that may cause aggregate harm.” As a result of the FTC’s “know it when you see it” approach, practitioners and professionals were left in the dark as to how the FTC would choose to exercise its Section 5 authority.