Noncompetes are under siege on multiple fronts.
Highlighted on the national stage by President Biden’s July 9, 2021, Executive Order on Promoting Competition in the American Economy, noncompetes have been under attack from state and federal legislatures, the Federal Trade Commission and courts.
As a result, employers have a need to evaluate options to protect their confidential information and trade secrets, as well as their human capital.
The noncompete landscape
The FTC has been leading the federal government’s efforts to curtail the use of noncompetes — even though this has traditionally been an area addressed by state legislatures.