Navigating Trade Secrets Under the FTC’s Non-Compete Ban

The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive ban on non-compete clauses. Watch the On Demand recording of our webinar where we discussed the FTC’s Final Rule on non-competes and strategies to protect your valuable IP assets.

Webinar Takeaways

Some key highlights from our webinar include:

1. The FTC Final Rule is scheduled to go into effect on September 4, 2024, but that date might be pushed back due to pending legal challenges.
2. Before the rule goes into effect (either Sept. 4 or later):
   1. Consider creating new non-competes for “senior executives.”
   2. For existing non-complete clauses, you must provide notice to “workers” that their non-compete clause will not and cannot be enforced against the worker.
   3. Revise employee policies and employment agreements.
   4. File any action on existing non-competes.
3. Consider the use of trade secrets, including the “inevitable disclosure” doctrine, in lieu of non-competes.
4. Review and update NDA and trade secret policies and agreements.

For further guidance, contact us directly and watch the On Demand recording of our recent webinar for best practices to protect your IP.

Note: CLE is not available for On Demand viewing.