Product Description

On January 5, 2023, the Federal Trade Commission announced a groundbreaking proposed rule, which would ban employee noncompetes. The proposed rule, if enacted, will completely change the landscape on restrictive covenants and trade secret protection. Not only would employers be unable to use or enforce noncompetes, they would be required to take steps to rescind existing noncompetes and notify employees that they are no longer enforceable. The proposed rule, which President Biden urged the FTC to adopt, purports to preempt all state law on noncompetes, including centuries of case law and significant recent state legislative efforts.

Employers and employees need to be aware of and begin to plan for the possible adoption of the proposed rule (or a revised version thereof). Interested parties should also take advantage of the 60-day period to comment to the FTC on the proposed rule. This fast-track program is designed to assist lawyers in advising their clients in planning for compliance.

Agenda & Materials

• 9:30 - 9:35 am

  Welcome and Introduction

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  C. Max Perlman, Esq., Gunderson Dettmer , Boston
  
• 9:35 - 9:40 am

  Brief History of the Proposed Rule

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  Russell Beck, Esq., Beck Reed Riden LLP , Boston
  
• 9:40 - 9:50 am

  Precise Requirements of the Proposed Rule, Including the Potentially Extensive Notice Requirements

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  • Potential Impact of the Proposed Rule on Companies and Workers

  C. Max Perlman, Esq., Gunderson Dettmer , Boston
  
• 9:50 - 10:00 am

  Impact on Other Restrictive Covenants, Such as Non-Solicitation and Confidentiality Provisions

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  Erik W. Weibust, Esq., Epstein Becker & Green , Boston
  C. Max Perlman, Esq., Gunderson Dettmer , Boston
  
• 10:00 - 10:05 am

  Strategies for Protecting Trade Secrets in the Absence of Noncompetes

  Erik W. Weibust, Esq., Epstein Becker & Green , Boston
  Russell Beck, Esq., Beck Reed Riden LLP , Boston
  
• 10:05 - 10:10 am

  Consequences for Failure to Comply with the Proposed Rule

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  Larissa C. Bergin, Jones Day, Washington DC
  
• 10:10 - 10:20 am

  Potential Legal Challenges

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  Larissa C. Bergin, Jones Day, Washington DC
  
• 10:20 - 10:30 am

  The FTC’s Comment Process and Ways to Communicate Your Perspective to the FTC

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  Larissa C. Bergin, Jones Day, Washington DC
  Russell Beck, Esq., Beck Reed Riden LLP , Boston
  

Chair

Faculty