FTC Seeks to Restrict Non-Compete Agreements
U.S. Federal Trade Commission ("FTC") barring non-compete agreement??

FTC Seeks to Restrict Non-Compete Agreements



Final Rule April 23, 2024

  • FTC Final Rule: The U.S. Federal Trade Commission (FTC) has approved a Final Rule that prohibits non-compete agreements with most U.S. workers, with certain exceptions.
  • Effective Date: The rule is set to go into effect 120 days after publication in the Federal Register, but legal challenges may delay this.
  • Implications for Employers: Employers must review existing agreements and provide notice to workers by the Effective Date that non-competes will no longer be enforceable.
  • Exceptions & Definitions: The rule includes exceptions for bona fide business sales and defines terms like “worker” and “senior executive.”

For more detailed analysis or legal advice, read more- t.ly/glsqI

Two things,

a. Sort out where your company stands in current agreement

b. More important, how do you run your business without Non-competes!


While California has most barred them, will this affect how businesses are managed! Definitely!


source - t.ly/glsqI

Credit to Rachel Edwards and Paul Johnson . Always, shout out to Roger Rappoport our SV Startup lawyer and friend.


Since the famous case, Motorola versus Fairchild, the legal system has rejected methods that restrict the freedom of people to seek the best opportunities to apply their skills and knowledge. The only legitimate tool for a company to protect IP is to identify and properly protect trade secrets. Meeting minutes and trade secret logs that are updated as information becomes commonly known are critical in seeking legal relief, where confidentiality is violated. When management works to maintain defensible competitive advantages and to diversify into different markets, providing consistent revenue, valued employees will generally want to continue to play on a winning team. The brutal cycles in semiconductor, where there is little on no job security should result in the management diversifying into alternative cleanroom technologies, such a pharmaceutical and battery manufacturing. Maintenance agreements, consumables, and spare parts are important streams of revenue for companies making capital equipment.

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