Give Your Restrictive Covenants a Little Love: Recent State Law Changes and the FTC’s Proposed Noncompete Rule

The Federal Trade Commission (FTC) recently issued a far-reaching notice of proposed rulemaking that would prohibit the use of noncompete clauses and preempt state laws that provide less protection for workers than the proposed rule. Despite the proposed rule, existing noncompete agreements that comply with state law remain in force. In this webinar, the speakers will review applicable state laws and steps employers can take to ensure their restrictive covenant agreements are reasonably tailored to protect legitimate business interests. The speakers will also discuss why the proposed rule may exceed the FTC’s rulemaking authority under the Federal Trade Commission Act, invade the state provenance of contract law, and trigger the major questions doctrine.