In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually all non-compete agreements between employers and workers, both retroactively and going forward, categorizing them as an “unfair method of competition” under Section 5 of the FTC Act. What does the FTC’s proposed rule look like, and is it destined to succeed? In this episode, co-hosts Jana Seidl and Elyse Dorsey speak with Anna Aryankalayil about the various details and scope of the proposed rule, the reasons behind non-competes, and potential legal challenges to any final rule the FTC may issue. Listen to this episode to learn about all sides of the heated controversy over the proposed ban on non-compete agreements.
Anna Aryankalayil, Partner, Orrick Herrington & Sutcliffe
Press Release, FTC Proposes Rule to Ban Noncompete Clauses
FTC Non-Compete Clause Rulemaking
FTC Non-compete Clause Rule (NPRM) Comments
Bloomberg article, FTC Noncoompete ban slammed by business groups as ‘unworkable’
Jana Seidl, Senior Associate, Baker Botts L.L.P. and Elyse Dorsey, Partner, Kirkland & Ellis LLP