Can Non-Disclosure Agreements Survive the Federal Trade Commission’s Proposed Rule to Ban Non-Compete Agreements?
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rule, that if enacted, would categorically ban nearly all non-compete agreements, with a very limited exception for non-compete agreements in the sale of a business. According to the FTC, the proposed rule would allow workers to liberally pursue employment opportunities and encourage entrepreneurship and innovation. Although the proposed rule may benefit low-wage workers, there is also a major impact on businesses and their ability to protect confidential information.
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"Can Non-Disclosure Agreements Survive the Federal Trade Commission’s Proposed Rule to Ban Non-Compete Agreements?" by Jon Grossman and Scarlett L. Montenegro Ordoñez was published in the July-August 2023 edition of the Intellectual Property & Technology Law Journal (Vol. 35, No. 7), a Wolters Kluwer publication. Reprinted with permission.