FTC Passes Rule Banning Post-Separation Non-Competes Nationwide

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule banning non-compete agreements nationwide. Legal challenges to the final rule are already underway.

Kilpatrick's Labor & Employment team has published an analysis of the final rule and related considerations here.

Knowledge assets are defined in the study as confidential information critical to the development, performance and marketing of a company’s core business, other than personal information that would trigger notice requirements under law. For example,
The new study shows dramatic increases in threats and awareness of threats to these “crown jewels,” as well as dramatic improvements in addressing those threats by the highest performing organizations. Awareness of the risk to knowledge assets increased as more respondents acknowledged that their