In a recent Law360 article by Michele Gorman, Schulte Roth & Zabel partner Martin Schmelkin discussed the FTC’s new proposal which would essentially ban all noncompete agreements.  

Marty commented that, if passed, the rule would have “very far-sweeping effects” on the employer-employee relationship, though its implementation would still be in the distant future, following the public comment period, the FTC’s consideration of comments received, the final rule being issued and the likely challenges in court.

According to Marty, “[t]his proposed rule can be read almost as a bit of a blueprint, a wake-up call, to spur the national dialogue, but really directed at state legislatures for the states to take up legislation.”

Read the article.