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Navigating the New FTC Rule Against Non-Compete Provisions

How can employers prepare and respond if the new non-compete provision ban goes into effect?



On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule banning the use of non-compete provisions in employment contracts. While subject to legal challenges, the federal standards, combined with diverse state rules on such provisions (ranging from complete bans to general permissiveness) raises new considerations for employers. Employers must tread carefully in understanding how to protect confidential information and trade secrets from walking out the door with departing employees. In this episode, Nicholas Pappas discusses the substance, status, and exceptions to the FTC rule and how employers, given these issues, must navigate the evolving legal landscape.


If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.


This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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