The Future of Non-Compete Agreements Under the Trump Administration

Overview:

In April 2024, the Federal Trade Commission issued a retroactive final rule to ban noncompete agreements nationwide.

The final rule was immediately litigated and was vacated and set aside nationwide by the Northern District of Texas. The decision was appealed by the FTC.

Many in the business community believed that under the Trump Administration, the final rule and the FTC's appeal would be abandoned. However, on February 26, 2025, newly-appointed FTC Chairman Andrew N. Ferguson directed the FTC to form a Joint Labor Task Force that will work to prioritize rooting out and prosecuting "deceptive, unfair, and anticompetitive" labor-market practices that harm American workers. Among other focuses, the Chairman's directive highlights noncompete agreements.

Non-compete agreements have long been a staple in employment contracts, aiming to protect businesses from unfair competition. The FTC's formation of a Joint Labor Task Force to scrutinize such agreements, signal a shift in regulatory focus.

This webinar will delve into the evolving landscape of non-compete agreements, exploring their legal standing, implications for employers and employees, and best practices in light of current enforcement trends.

Why you should Attend:

Understanding the nuances of non-compete agreements is crucial for employers, HR professionals, and legal practitioners to ensure compliance and protect organizational interests. With the FTC's increased attention on labor market practices, staying informed about the legal boundaries and enforcement priorities can help mitigate risks and adapt to the changing regulatory environment. This training offers valuable insights into drafting enforceable agreements and navigating potential legal challenges.

Areas Covered in the Session:

• Historical overview and traditional use of non-compete agreements in employment contracts
• Detailed analysis of the FTC's proposed ban on non-compete agreements and the rationale behind it
• Examination of the legal challenges that led to the vacating of the FTC's ban and the implications for employers
• Insights into the current stance of the Trump administration regarding non-compete agreements and the halting of appeals on previous rulings
• Analysis of the FTC's Joint Labor Task Force initiative and its objectives
• Discussion on recent policy shifts and statements from FTC leadership regarding non-compete clauses
• Best practices for drafting and enforcing non-compete clauses that align with the latest legal standards and regulatory expectations
• Strategies for employers to protect proprietary information and maintain a competitive edge while ensuring compliance with antitrust and labor laws
• Case studies highlighting recent enforcement actions and their outcomes

Who Will Benefit:

• Whether you are an Employer, Human Resources Professional, Supervisor or In-House Counsel seeking to create a supportive workplace culture or an employee navigating the dynamics of all the recent changes to Labor & Employment Law, this class will provide valuable insights and practical guidance