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.

While the intent of the ban is to improve competitive conditions for employees, it poses significant challenges for companies that rely on non-compete agreements to prevent unauthorized use of their intellectual property (IP) when employees depart. Across all industries, it is more important than ever to explore other forms of protection, including trade secrets, to safeguard your IP and maintain a competitive advantage in the market.

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. Topics included:

• An overview of the FTC guidelines for non-compete agreements and implications for IP owners;
• The status of recent legal challenges against the FTC’s Final Rule;
• Best practices to protect your IP through trade secret policies and other measures; and
• The “inevitable disclosure” doctrine and state approaches for IP protection when non-competes are not an option.