[ACC Note: The Federal Trade Commission issued its final rule on May 7, 2024 banning most non-compete agreements in the United States. However, a federal district court in Texas issued a nationwide permanent injunction on August 20, 2024 barring enforcement of this rule. For more details, see FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations.]
How can employers ensure their restrictive covenants are enforceable? This checklist features 15 items in-house counsel should consider when drafting restrictive covenants.
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