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

Webinar Takeaways

During a recent webinar, Directors Paul Ainsworth, Christopher O’Brien, and Jonathan Tuminaro discussed the FTC’s recent Final Rule on non-competes and strategies to protect valuable IP assets, specifically trade secrets.

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.