On January 5, 2023, the Federal Trade Commission announced a groundbreaking proposed rule, which would ban employee noncompetes. The proposed rule, if enacted, will completely change the landscape on restrictive covenants and trade secret protection. Not only would employers be unable to use or enforce noncompetes, they would be required to take steps to rescind existing noncompetes and notify employees that they are no longer enforceable. The proposed rule, which President Biden urged the FTC to adopt, purports to preempt all state law on noncompetes, including centuries of case law and significant recent state legislative efforts.
Employers and employees need to be aware of and begin to plan for the possible adoption of the proposed rule (or a revised version thereof). Interested parties should also take advantage of the 60-day period to comment to the FTC on the proposed rule. This fast-track program is designed to assist lawyers in advising their clients in planning for compliance.
Employers and employees need to be aware of and begin to plan for the possible adoption of the proposed rule (or a revised version thereof). Interested parties should also take advantage of the 60-day period to comment to the FTC on the proposed rule. This fast-track program is designed to assist lawyers in advising their clients in planning for compliance.
Course Content
9:30 - 9:35 amWelcome and Introduction
C. Max Perlman, Esq.,
Gunderson Dettmer, Boston
9:35 - 9:40 am
Brief History of the Proposed Rule
Russell Beck, Esq.,
Beck Reed Riden LLP, Boston
9:40 - 9:50 am
Precise Requirements of the Proposed Rule, Including the Potentially Extensive Notice Requirements
Potential Impact of the Proposed Rule on Companies and Workers
C. Max Perlman, Esq.,
Gunderson Dettmer, Boston
9:50 - 10:00 am
Impact on Other Restrictive Covenants, Such as Non-Solicitation and Confidentiality Provisions
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
C. Max Perlman, Esq.,
Gunderson Dettmer, Boston
10:00 - 10:05 am
Strategies for Protecting Trade Secrets in the Absence of Noncompetes
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
Russell Beck, Esq.,
Beck Reed Riden LLP, Boston
10:05 - 10:10 am
Consequences for Failure to Comply with the Proposed Rule
Larissa C. Bergin,
Jones Day, Washington DC
10:10 - 10:20 am
Potential Legal Challenges
Larissa C. Bergin,
Jones Day, Washington DC
10:20 - 10:30 am
The FTC’s Comment Process and Ways to Communicate Your Perspective to the FTC
Larissa C. Bergin,
Jones Day, Washington DC
Russell Beck, Esq.,
Beck Reed Riden LLP, Boston
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
ChairC. Max Perlman, Esq.,
Gunderson Dettmer , Boston
Faculty
Russell Beck, Esq.,
Beck Reed Riden LLP, Boston
Larissa C. Bergin,
Jones Day, Washington DC ,
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
