Presented by myLawCLE

Program Summary

In April of 2024, the Federal Trade Commission banned the use of non-compete agreements in an employment setting. Before the ban could take effect in September 2024, a legal challenge was successful, and the ban was blocked based on the court’s finding that the FTC exceeded its authority in banning non-competes based on unfair competition. The FTC has since begun its appeal of that ruling to the 5th Circuit, so the future of the ban is still uncertain.

In the meantime, what can employers legally do? How can they best protect their interests if non-compete agreements are now questionable in terms of enforceability? This seminar will go over the history and current status of the ban and offer flexible strategies for employers who formerly relied on these agreements to protect their interests.

Key topics to be discussed:

• History of the Ban
• The FTC justification of the ban as unfair competition
• Judicial review of the ban in Ryan LLC v. Federal Trade Commission and the rationale for blocking imposition of ban
• Recent announcement of appeal to the 5th Circuit; what outcome is likely?
• Impact of the Ban
• Employee considerations
• Employer considerations
• Flexible strategies for dealing with relevant considerations

Speakers:

• Thomas J. (TJ) Mihill, Stites & Harbison, PLLC, Member, Intellectual Property & Technology Service Group and Business Services Group, Atlanta, Ga.
• Courtney Lytle Sarnow, CM Law, Partner, Atlanta, Ga.

Click here for more information and to register.