Panelists:
Stuart M. Gerson, Epstein Becker Green, P.C.
Erik W. Weibust, Epstein Becker Green, P.C.
Description:
For over 200 years, the regulation of noncompetition agreements has been entirely the province of state law. No longer, however, after the Federal Trade Commission injected itself into the field with a final rule that prohibits most post-employment noncompetes. Our panelists—a former Acting U.S. Attorney General and a law firm Trade Secret and Employee mobility practice co-chair—will discuss what the FTC’s noncompete rule purports to do, the legal arguments in opposition to it, and why they believe it will quickly be enjoined and ultimately struck down by the Supreme Court.
Click HERE for a copy of panelists’ PowerPoint deck.
Resources Authored by Panelists:
Law360 Article: https://www.law360.com/articles/1829790/the-ftc-s-noncompete-rule-is-likely-dead-on-arrival
WLF Legal Backgrounder: https://www.wlf.org/2023/01/11/publishing/after-200-years-under-state-law-ftc-proposes-to-sweep-away-all-noncompetes-in-unauthorized-federal-power-grab/