Upcoming Webinar—Administrative State Attack on Noncompetes: What FTC’s Rule Requires and Why It’s Unlikely to Survive

Webinar

Thursday, May 9, 2024, 1:30-2:30 pm

Panelists:

Stuart M. Gerson, Epstein Becker Green, P.C.
Erik W. Weibust, Epstein Becker Green, P.C.

Description:

For over 200 years, the regulation of noncompetition agreements has been entirely the province of state law. No longer, however, after the Federal Trade Commission injected itself into the field with a final rule that prohibits most post-employment noncompetes. Our panelists—a former Acting U.S. Attorney General and a law firm Trade Secret and Employee mobility practice co-chair—will discuss what the FTC’s noncompete rule purports to do, the legal arguments in opposition to it, and why they believe it will quickly be enjoined and ultimately struck down by the Supreme Court.

Resources Authored by Panelists:

Law360 Article: https://www.law360.com/articles/1829790/the-ftc-s-noncompete-rule-is-likely-dead-on-arrival

WLF Legal Backgrounder: https://www.wlf.org/2023/01/11/publishing/after-200-years-under-state-law-ftc-proposes-to-sweep-away-all-noncompetes-in-unauthorized-federal-power-grab/

Speakers' Biographies

Stuart M. Gerson

Stuart is a partner in the Washington, D.C. office of Epstein Becker Green, P.C. He has enjoyed a distinguished legal career in both private and public service. Stuart was appointed Acting Attorney General of the United States during the early Clinton administration, after having served as President G.H.W. Bush's appointee as Assistant Attorney General for the Civil Division of the Department of Justice (DOJ). He has also served as an advisor to several presidents. Stuart is also a member of WLF's Legal Policy Advisory Board.

More about speaker

Erik W. Weibust

Erik is a partner in the Boston, MA office of Epstein Becker Green, P.C. He is Co-Chair of the firm's Trade Secret and Employee Mobility practice group and edits its Trade Secrets & Employee Mobility Blog. Before joining Epstein Becker Green, Erik was a Partner at an international law firm, where he served as co-chair of that firm’s Litigation Finance Task Force and co-chaired the Boston office’s Litigation Department. Before that, he clerked for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit.