May 9: From Proposal to Practice: Analyzing the FTC’s Final Noncompete Rule

The Federal Trade Commission’s January 5, 2023, Notice of Proposed Rulemaking to Ban Noncompete Clauses unleashed a torrent of reactions from practitioners, academia, and others, both positive and negative. Considering some of the roughly 26,000 comment letters received from interested parties, the FTC voted to release its final noncompete rule on April 23, 2024, including detailed guidance and explanation of the considerations underlying the Commission’s decision making.

 
This webinar, intended for attorneys and other professionals who regularly advise on noncompetition clauses, will highlight some of the significant differences between the proposed and final rules; analyze arguments plaintiffs are making challenging the new rulemaking; review alternate employer information restrictive covenants; and provide guidance and suggested best practices for corporate practitioners going forward.
Learning Objectives include:

• Understand the substantive provisions of the FTC’s final noncompete rule and significant differences from the proposed rule and rationale therefore
• Steps counsel can take to assist clients to fully comply with the final rule
• Discuss strategies and issues to consider when drafting enforceable alternative trade secret and confidential information agreements.

Who would benefit most from attending this program?

• In-house and law firm counsel who regularly advise companies on restrictive covenants, executive compensation, or related matters.
• Corporate counsel who manage employment agreements and advise on employment or business development issues. 

Title:
From Proposal to Practice: Analyzing the FTC’s Final Noncompete Rule
Webinar Date/Time:
May 9, 2024
1:00 PM EDT •12:00 PM CDT •11:00 AM MDT •10:00 AM PDT
Register Now!
Credit:
1.0 General COA, 1.2 General, or 1.0 Areas of Professional Practice. Bloomberg Industry Group is an approved provider of CLE credits in all states. Individual programs are pre-approved in California, New York, Pennsylvania, and Texas. All other requests for program approval are subject to state-specific approval. The approval process may take approximately four to six weeks in some states.
Speakers:

• Moderator: Denis Demblowski is a senior legal analyst with Bloomberg Industry Group, focusing on commercial transactions and corporate law. He practiced in-house for 32 years at a global manufacturing and industrial company in such areas as compliance, corporate, executive compensation, finance, corporate governance, general commercial, international, M&A, and securities.
• Katherine Perrelli, a Partner at Seyfarth Shaw and co-chair of the firm’s national Trade Secrets, Computer Fraud & Non-Competes group, is a nationally recognized authority in trade secret and unfair competition law who works with clients on implementing multi-jurisdictional restrictive covenant agreements and trade secret protection programs. She also litigates noncompete and restrictive covenant, unfair competition, and trade secret misappropriation matters nationally. Kate is also currently the co-chair of the ABA Committee on Trade Secrets and Interference with Contracts.
• Andrew G.I. Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. At the beginning of his career, he clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
• Eric Akira Tate chairs the firm’s Global Employment and Labor Group. He represents companies in “bet-the-company” trade secrets and employee mobility cases. Eric provides crisis management advice to public and private company boards of directors and represents boards and companies sensitive internal investigations and disputes with executives, and whistleblower, wrongful termination, discrimination and harassment, and other employment litigation. He also advises companies in employment law compliance and transactional matters, including restrictive covenants and other personnel policies and procedures, and employment aspects of mergers and acquisitions throughout the United States and globally. Eric is a thought leader and serves on the Board of Review and Associate Editor for leading Bloomberg Law treatises Trade Secrets: A State-by-State Survey; Covenants Not to Compete; Employee Duty of Loyalty; and Tortious Interference in the Employment Context. He also serves as co-chair of the Covenants Not to Compete and Trade Secrets Subcommittee for the Employee Rights and Responsibilities Committee of the ABA’s Labor and Employment Section. Eric serves on the Council of the Labor and Employment Section. Eric has served on the firm’s Diversity Strategy Committee since its inception and is a past co-chair. He is a former office hiring partner and member of the firmwide Pro Bono and Litigation Evaluations Committees. Eric serves on the firm’s Points Committee. Eric is a Fellow of the College of Labor and Employment Lawyers. He has been ranked by Chambers USA for Labor & Employment and has been recognized by Best Lawyers as a leading lawyer in employment law, the Daily Journal as one of California’s Top Labor and Employment and Trade Secrets Lawyers and by Benchmark Litigation as a Labor and Employment Star.

By:
Bloomberg Law.

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