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Overview of the Federal Trade Commission's May 7, 2024 final rule banning most noncompete agreements in the United States, including options that employers should consider if the rule is not stayed by the federal courts prior to its effective date in September 2024.

Questions addressed in this overview include:

  • What does the FTC rule do?
  • What does it mean to “function to prevent a worker from seeking or accepting employment”?
  • What about forfeiture provisions and clawbacks based on noncompetes?
  • How does the rule affect trade secret protection?
  • Does the FTC possess the power to ban noncompetes?
  • What should employers do now?

This resource was originally published on the website of Ogletree Deakins on May 24, 2024.

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Region: United States
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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