On April 23, 2024, the Federal Trade Commission, by a 3-2 party-line vote, adopted a rule establishing an unprecedented nationwide ban on virtually all noncompete agreements. Although a federal court in Texas set aside the rule on August 20, 2024, that is not the end of the assault on noncompetes and other restrictive covenants. The FTC has already said that it will resume enforcement actions, attorneys general from six states - including Massachusetts - recently brought an enforcement action against Valvoline for its use of noncompetes signaling more to come, and Congressional and state legislative efforts to ban or restrict noncompetes continue.
This new program provides an overview and analysis of the FTC’s final rule and what happened to it, what comes next in that case and the two other pending cases challenging the FTC’s final rule, what attorneys need to know about state and federal enforcement actions, and what agreements can be used going forward to protect trade secrets, confidential business information, and customer and employee goodwill.
This new program provides an overview and analysis of the FTC’s final rule and what happened to it, what comes next in that case and the two other pending cases challenging the FTC’s final rule, what attorneys need to know about state and federal enforcement actions, and what agreements can be used going forward to protect trade secrets, confidential business information, and customer and employee goodwill.
Course Content
On April 23, 2024, the Federal Trade Commission, by a 3-2 party-line vote, adopted a rule establishing an unprecedented nationwide ban on virtually all noncompete agreements. Although a federal court in Texas set aside the rule on August 20, 2024, that is not the end of the assault on noncompetes and other restrictive covenants. The FTC has already said that it will resume enforcement actions, attorneys general from six states - including Massachusetts - recently brought an enforcement action against Valvoline for its use of noncompetes signaling more to come, and Congressional and state legislative efforts to ban or restrict noncompetes continue.This new program provides an overview and analysis of the FTC’s final rule and what happened to it, what comes next in that case and the two other pending cases challenging the FTC’s final rule, what attorneys need to know about state and federal enforcement actions, and what agreements can be used going forward to protect trade secrets, confidential business information, and customer and employee goodwill.
12:00 - 12:10 pm - What Happened to the FTC’s Final Rule, Where It Is Headed, and What It Means
Larissa C. Bergin, Esq.,
Jones Day, Washington DC
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
12:10 - 12:20 pm - Understand the Impact of FTC and Attorney General Enforcement Actions
Larissa C. Bergin, Esq.,
Jones Day, Washington DC
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
12:20 - 12:30 pm - Hear About Legislation Around the Country That Is or Will Impact the Use of Noncompetes and Other Restrictive Covenants,
Sarah Tishler, Esq.,
Beck Reed Riden LLP, Boston
12:30 - 1:00 pm - Explore Strategies to Protect Your Client’s Legitimate Business Interests without Noncompete Agreements
Russell Beck, Esq.,
Beck Reed Riden LLP, Boston
Larissa C. Bergin, Esq.,
Jones Day, Washington DC,
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
Speaker(s)
ChairRussell Beck, Esq.,
Beck Reed Riden LLP, Boston
Faculty
Larissa C. Bergin, Esq.,
Jones Day, Washington DC,
Sarah Tishler, Esq.,
Beck Reed Riden LLP, Boston
Erik W. Weibust, Esq.,
Epstein Becker & Green, Boston
