On April 5, 2023, Gallagher Evelius & Jones LLP attorneys Carl Jean-Baptiste and Steve Metzger joined Melissa McGuire of Liff, Walsh & Simmons to present to the Maryland State Bar Association an overview of the Federal Trade Commission (FTC’s) proposed rule to ban non-competition agreements. For clients seeking to prepare despite the uncertainty, the attorneys agree that now is the right time to revisit agreements and consider how they might be impacted.
Some of the areas to consider are:
- Have you reviewed your form agreements for compliance with best practices and in anticipation of the FTC Rule?
- Will your organization be sufficiently protected if its non-compete provisions are voided by the FTC?
- Have you reviewed your restrictive covenants to ensure they don’t have the same effect as a non-compete?